1987-06-09CITY OF MOUND
MOUND CITY COUNCIL
REGULAR MEETING
7:B0 P.M., TUESDAY, JUNE 9, 1987
COUNCIL CHAMBERS
10.
11.
12.
Pledge of Allegiance
Approve the Reconvened Board of Review Minutes of
May 26, 1987; Regular Meeting Minutes of May 26,
1987; and the Work Session Minutes of May 21, 1987. Pg.
Presentation of Certificate of Commendation to former Pg.
Mayor Robert Polston
~UBLIC HEARING~ Consideration of Issuance of
Conditional Use Permit for the
Operation of a Wine and Beer Restaurant
(Class IV), D,Vinci's, 2244A Commerce Pg.
Approval of Final Plat - Morse Addition, PID #13-117-
24 23 0006 Pg'
CASE ~87-631: Donald Lobdell, 3367 Warner Lane,
~'Lots 1 and 64, Block 12, Douglas -
Whipple Shores, PID #25-117-24-24 0056
Request: Variance to Recognize an Existing non-
conforming Principal Structure Setback and
Accessory Building Setback. Pg'
PUBLIC HEARING: Public Input on City of Mound's
Method of Assessing Pg'
Comments & Suggestions from Citizens Present
Presentation of Survey Results on Cable Television
- Jim Kutzner, Cable T.V Advisory Committee
· pg.
Chairperson.
Resolution Determining the Need to Acquire and Equip a
New Public Works Building and to Issue General Obliga-
tion Bonds to Pay for the Same and Call an Election,
September 29, 1987 Pg'
Approval of Dock Refunds as Recommended by the Dock Pg.
Inspector
License Approvals: Mound City Days
Domino's Pizza Pg'
1562-1579
1580-1581
1582-1586
1587-1699
1600-1605
1606-1618
1619-1635
1636-1639
1640
1641
Page 1560
13.
Payment of Bills
A.
B.
Pg.
Department Head Monthly Reports for May 1987.
An invitation from Steve Keefe, Metro Council
Chairman, to participate in the Metro Council's
strategic planning process.
May 14, 1987, Park Commission Meeting Minutes
Copy of a check from Contel to the Police Dept.
as a donation toward the purchase of 2 anatomical
adult dolls. These are used to assist in child
abuse oases, pg.
A copy of the final issue of the League of Minnesota
Cities Bulletin regarding the legislative action
taken on issues affecting cities· This is a lot
of material but I thought it was important enough
to copy for you. . pg.
Pg.
Pg.
Pg.
1642-1654
1655-1676
1677-1681
1682-1685
1686
1687-1778
Page 1561
84¸
May 26, 1987
MINUTES - BOARD OF REVIEW
continued from May 12, 1987)
Pursuant to due call and notice thereof, the Board of Review
reconvened in the Council Chambers of the City of Mound, Hennepin
County, Minnesota, at 5341Maywood Road, in said City on May 26,
1987, at 7:00 P.M.
Those present were: Mayor Steve Smith, Councilmembers Don Abel,
Liz Jensen, Phyllis Jessen and Skip Johnson· Also present were':
City Manager Edward J. Shukle, Jr., City Clerk, Fran Clark,
Hennepin County Assessor Keith Rennerfeldt and.the following
interested citizens: Paul Henry, Oswin Pflug, Harvey Berquist,
Ray Hoveland, M. E. Mueller, Ken Storke, Jayne & Kurt Silton,
Mary Pat McNeil, Tom Lavole, L. J. Rennet, Danial Montag, Don
Lobdell, Juanita. Werner, Howard Barrett, Dale Pixler, Don & Mary
Lavoie, Ted .Fox, Andrea Ahrens, Frank Biedny, Nancy Novak,
Barbara Lundstrom.
The Mayor reconvened the Board of Review· He then explained that
at this meeting the Assessor, Keith Rennerfeldt, will give the
Assessor's decisions as to the value of the property questioned
at the May 12, 1987, Board of Review. After the decisions are
given and if approved by the Council, the property owner still
has the right to appeal the decision to the County Board of
Review which will begin its hearings on July 6, 1987.
~!D 913-117-2q 11 0071 - GREG CARAVELLI, ~01~ ENCHANTED RD~
The Assessor recommended reducing the value of this property
from $104,300 to $95,800.
MOTION made by Abel, seconded by Smith to approve the
Assessor's recommendation as presented above on this
property. The vote was unanimously in favor. Motion
carried.
PID.....~lq-11?-zq lq 00o2 - J &. P COMPANY, (HUBER FUNERAL HOME),
1801 COMMERCE BLVD,
The Assessor recommended no change in the value of this
property. $246,000.
MOTION made by Jessen, seconded by Abel to approve the
Assessor's recommendation as presented above on this
property. The vote was unanimously in favor. Motion
carried.
PID #13-117-2q 22 01qq, MARGUERITE STOCKSTEAD, 5qqO THREE
POINTS BLVD, $533
The Assessor recommended reducing the value of this property
from $49,000 to $47,000.
85
May 26, 1987
PID ~13-117-2q 22 023q,. MARGUERITE STOCKSTEAD, )4qO. THR~E
POINTS BLVD. $533
The Assessor recommended no change in the value of this
property. $4,000.
MOTION made by Johnson, seconded by Jessen to approve the
Assessor's recommendations as presented above for these
properties. The vote was unanimously in favor. Motion
carrieS.
PID ~23-117-2q 2q 0021 - STEYEN BERKEY, 2621 GRANGER LANE
The Assessor recommended reducing the value of this property
from $112,000 to $99,800.
MOTION made by Jessen, seconded by Jensen to approve the
Assessor's recommendations as presented above for this
property· The vote' was unanimously in favor. Motion
carried. ·
PID ~18-117-23 23 0066 - JUNE L. UNDGREN, 1975...LA~ESIP~ LANE
The Assessor recommended reducing the value of this property
from $132,100 to $12q,600.
NOTION made by Jensen, seconded by Abel to approve the
Assessor's recommendations as presented above for this
property. The vote was unanimously in favor. Motion
carried.
PID ~19-117-23 32 0185 - KEN,,STORKE, 4762 MANCHESTER
The Assessor recommended reducing the value of this property
from $69,700 to $65,000.
MOTION made by Abel, seconded by Johnson to approve the
Assessor's recommendations as presented above for this
property. The vote was unanimously in favor. Motion
carried.
Councilmember Johnson removed himself from the Council for the
following item:
PID ~19-117-23 34 0071 - FE, RNER, JOHNSON,,~0,18 ISLAND V~W
PRI.VE
The Assessor recommended reducing the value of this property
from $77,000 to $68,000.
PID ~19-1~7-2~ 32 0091 - FERNER,. JOHNSON< ~018 ISLAND VIEW
DRIVE
The Assessor recommended no change in the value of this
property· $25,000.
J
86
~May 26, 1987
MOTION made by Jensen, seconded by Abel to approve the
Assessor's recommendations as presented above for these
properties. The vote ~ tn favor with Johnson abstaining.
Motion carried.
FID ~13-117-24 33 0042 - MILBERT MUELLER, 2240-~Z48 COMMERCE
.BLVD,
The Assessor recommended no change in the value of this
property. $330,000.
PID ~13-117-24 33 0043 - MILBERT MUELLER,..PARKING LOT FOR
ABOVE
The Assessor recommended no change in the value of this
property. $45,000.
Mr. Mueller was present and objected to both assessed values'.
The Council discussed the properties.
MOTION made by Smith, seconded by Abel to reduce PID ~13-117-
24 33 0042 to $286,400 and PID ~13-117-24 33 0043 to $40,000.
The vote was unanimously in favor. Motion carried.
9. PID ~13-117-2~ ~4 0015 - OSWIN PFLUG, 4851 SHORELINE BLFD.
The Assessor recommended no change in the value of this
property. $62,000.
PID t13-117.24 44 0016... OSl/IN PFLUG, 48~1 SHORELINE BLED,
The Assessor recommended no change in the value of this
property. $175,000.
Mr. Pflug was present objecting to the value of these two
properties.
The Council discussed the valuations.
MOTION made by Jensen, seconded by Johnson to reduce the
value of PID ~13-117-24 44 0016 to $171,000. The vote was
unanimously in favor. Motion carried.
MOTION made by Jensen, seconded by Jessen to reduce the value
of PID {13-117-24 4~ 0015 to $52,900. The vote was
unanimously in favor. Motion carried.
10. P!.D ~23-117-2~ 32 0019 - VERNON MONDLQH, 6248 B.AYRI.DGE ROAp
The Assessor recommended reducing the value of this property
from $71,500 to $69,500.
MOTION made by Jensen, seconded by Jessen to approve the
Asse'ssor's recommendations as presented above for t~is
property. The vote was unanimously in favor. Motion
carried.
87
May 26, 1987
11. PID ~13-117,2q 33 OOql - MICHELLE OLSON~ ~060 WATERSIPE LANE
The Assessor recommended no change in the value of this
property. $117,700.
MOTION made by Abel, seconded by Jensen to approve the
Assessor's recommendations as presented above for this
property. The vote was unanimously in favor. Motion
carried.
12. PID {13-117-2~ 34 0072 - MARK SALITERMAN, SHORELINE PLAZA
The Assessor recommended no change in the value of thi's
property. $766,700.
MOTION made by Johnson, seconded by Jessen to approve the
Assessor's recommendations as presented above for this
property. The vote was unanimously in favor. MotiOn
carried.
13. ¥ID ~30-117-23 22 0008 - FRANK AHREN$, ~673 ISLAND VIEW DR.
The Assessor recommended no change in the value of this
property. $127,800.
Ms. Andrea Ahrens was present to object to the value.
MOTION made by Smith, seconded by Jessen to reduce the value
of the aboveproperty from $127,800 to $115,900. The vote
was unanimously in favor. Motion carried.
1~. PID..#23-117-2~ 14 0021 - BUD SKOGLUND, 5823 BARTLETT BLVD.
The Assessor recommended reducing the value of this property
from $95,500 to $94,800.
pID.~23-117-24 14 0020 - BUD SKOGLUND, 5823 BARTLETT BLVD.
The Assessor recommended reducing the value'of this property
from $33,200 to $30,000.
PID t23-1'17-2~ 14 0019.-.BUD..SKOGLUND, 5823 BARTLETT BLVD.
The Assessor recommended reducing the value of this property
from $35,500 to $30,000.
MOTION made by Johnson, seconded by Jessen to approve the
Assessor's recommendations as presented above for the above
properties. The vote was unanimously in favor. Motion
carried.
15. ~ID ~19-117-23 31 010q - RON JOHNSON~ ~41~ DORCHESTER, RD.
The Assessor recommended no change in the value of this
property. $179,900.
MOTION made by Johnson, seconded by Jessen to approve ~he
Assessor's recommendations as presented above for the above
property. The vote was unanimously in favor. Motion
carried.
88
~May 26, 1987
The following are the Assessor's recommended values for the
people disputing their values at Lakewi. nds.
16. PID ~19-117-23 13 0020 - JAMES KELLEY,. AIO~ LAKEWINDS
The Assessor recommended reducing the value of this property
from $62,100 to $55,900.
17. PID ~19-117-23 13 0022 - L, J,RENNER~.. A105.. LAKEWINDS
The Assessor recommended reducing the value of this property
from $89,100 to $82,100.
18. FID ~19-117-23 1~, 002~ - BARBARA LUNDSTROM~ A108 LAKEWINDS
The Assessor recommended reducing'the value of this property
from $82,400 to $74,100.
19. PID $19-117-23 13 0025 - TED FOX, A109 LAKEWINDS '
The Assessor.recommended reducing the value of this property
from $47,700 to $39,400.
20. PID ~19-117-23' 13 0029 - JOHN WIST~AND, ~20.1. LAKEWINPS
The Assessor .recommended reducing the value of this property
from $44,400 to $36,500.
21. PID ~19-117-23 13 0042 - JOHN HORANSON, A302 LAKENINDS
The Assessor recommended no change in the value of this
property. $50,400.
22. FID f19-117-23 13 0052 - TOM L~VOIE, BlOl LAFFWINDS
The Assessor recommended reducing the value of this property
from $48,600 to $40,600.
23. PID $19-117-23 13 0053 - TOM LA¥OIE, BIO~ LAKEWINDS
The Assessor recommended reducing the value of this property
from $48,600 to $40,500.
24. PID ~19-117-23 13 005~ - TOM LA¥OIE, B102 LAKEWINDS
The Assessor recommended reducing the value of this property
from $48,600 to $40,500.
25. PID #19-117-23 13 O0~q - DAN MONTAG,. BZ05 LA[EWINDS
The Assessor recommended reducing the value of this property
· from $69,900 to $56,000.
26. PID ~19-117-23 1~ 00.~ - RAYMOND HOVELAND,. B207 LAKEWlND~
The Assessor recommended reducing the value of this property
from $52,100 to $42,100.
27. PID $19-117-23. 13 0083 - JOHN HOKANSON~ C]08 LAKEWIND$
The Assessor recommended reducing the value of this property
from'S70,600 to $56,800.
89
May 26, 1987
28. P!D ~19-117-23 13 0085 - TOM LA¥0IE.~ c110 LAKEWINDS
The Assessor recommended reducing the value of this property
from $42,900 to $34,100.
29. PID ~19-117-23 13 0086 - JULIE RANALLO,. C111 LAKEWINPS
The Assessor recommended reducing the value of this property
from $62,300 to $58,000.
30. PID ~19-117-23 13 0090 - TED FOX,-C203 LAKEWIND$
The Assessor recommended reducing the value of this property
from $53,200 to $47,800.
31. PID 219-117-23 13 0096 - BARBARA LUNDSTROM,. C209 LAKEWlNDS
The Assessor recommended reducing the value of this property
from $57,800 to $52,000.
32. PID ~19-117-23 13 0102 - FRANK BIEDN~, C303 LAKEWlNDS
The Assessor recommended reducing the value of this property
from $59,300 to $53,300.
33. .PID ~19-117-23 13 0106 -~NANC~ FARNE$S, C307-LAKEWlNDS
The Assessor recommended reducing the value' of this property
from $88,700 to $81,700.
34. PID ~19-117-23 13 0112 --TOM LA¥OIE, D101LAKEWINDS
The Assessor 'recommended reducing the value of this property
from $42,700 to $33,900.
35. PI~) ~19-117-23 13 0114 - TOM LA¥OIE, D103 LAKEWIND$
The Assessor recommended reducing the value of this property
from $48,800 to $40,700.
36. FID #19-117-23 13 0129 --TED FOX, D206 LAKEWIND$
The Assessor recommended reducing the value'of this property
from $70,300 to $69,000.
37. PID #19-117-23 13 0131 - JOHN LATSHA~ D208 LAKEWIND~
The Assessor recommended reducing the value of this property
from $66,000 to $65,100.
38. p,~D ~19-117-23 13 01~1 - ~AC~ SEYLER~ D306 LAKEWINDS
The Assessor recommended reducing the value of this property
from $79,500 to $79,100.
39. PIp ~19-117-23 13 0145 - MARY MC NEIL~ p311LAKEWlNDS
The Assessor recommended reducing the value of this property
from $51,200 to $42,600.
40. pID. #19-117-23 24 0060 - TED FOX, F106 LAKEWINDS
The Assessor recommended reducing the value of this property
from $67,500 to $54,000.
90
.May 26, 1987
41. PID ~19-117=23 2q 0061 - NANCY, NOVAK, F107.. LAKEWlNDS
The Assessor recommended reducing the value of this property
from $74,600 to $61,600.
42. pID ~19-117-23 2q O,07q - EUGENE TEMPLE, F~Q8 LAKEWINDS
The Assessor recommended reducing the value of this property
from $66,000 to $56,400.
43..FID ~19-117-23 2~ 0075 - WILLIAM WERNER, F209 LAKEWIND$
The Assessor recommended reducing the value of this property
from $55,400 to $37,400.
44. PID ~19-117-23 2q 0086 - JAMES KELLEY, F308 LAKEWINDS
The Assessor recommended reducing the value of this property
from $72,200 to $59,300.
45. PID.~19,117-2~ 24 0089'- JOHN HOKANSON, F~t1.. LAKEWINDS
The AssesSor recommended reducing the value of this property
from $53,900 to $45,000.
46. .FID ~19-117-23 q2 0009 - FRANK BIEDNY,~EI08 LAKEWINDS
The Assessor recommended reducing the value of this property
from $56,100 to $48,600.
The Assessor explained that the above recommended values
represent a part of the 16% overall reduction in value he is
recommending for the Lakewinds Complex. The original 1987 value
was $11,070,000 and the recommendation now for the 1987 estimated
market value is $9,306,700. He submitted the list.
Dan Montag delivered the Lakewinds tax protest that was presented
to the Council at the beginning of the hearing.
Various persons from Lakewinds presented their cases.
considerable discussion on the Lakewinds Complex:
After
MOTION made by Jessen, seconded by Johnson to accept the
recommendations of the Hennepin County Assessor on the
Lakewinds Condominiums as presented in Exhibit "A". The vote
was 4 in favor with Smith voting nay. Motion 'carried.
The. Assessor also asked that the following persons be listed as
objecting to their assessment:
Greg Murray
C. L. Johnson
David Morse
Ann Shepherd
PID #30-117-23 22 0054
#13-117-24 33 0006
#13-117-24 23 0006
$18-117-23 33 0028
Jensen m6ved and Abel seconded the following resolution:
RESOLUTION ~87-97
RESOLUTION ADOPTING THE ENTIRE ASSESSMENT
ROLL AS AMENDED
91
May 26, 1987
The vote was unanimously in favor.
The Board of Review was adjourned.
Motion carried.
MINUTES - MOUND CITY COUNCIL - REGULAR MEETING
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, May 26, 1987, following the Board of
Review, in the Council Chambers at 5341 Maywood Road, in said
City.
Those-present were: Mayor Steve Smith, Councilmembers Don Abel,
Liz Jensen, Phyllis Jessen and Skip Johnson. Also present were:
City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, Cite
Attorney Jim Larson, Building Offibial Jan Bertrand, City
Engineer Joh~ C~meron, Utility Superintendent Greg Skinner,
Street Superintendent Geno Hoff and the following interested
citizens: Donald Lobdell, Kurt & Jayne Silton, William & Elaine
Lovkvist, Howard Barrett, Don Scherven, Mark Rodrigue, Tom Reese
and Ken Weber.
The Mayor opened the meeting and welcomed the people in
attendance.
The Pledge of Allegiance was recited.
MINUTES
MOTION made by Abel, seconded by Johnson to approve the
Minutes of the May 12, 1987, Board of Review and Regular
Meeting; the Work Session Minutes of February 21, 1987, March
28, 1987, April 25, 1987, and May 9, 1987, as presented. The
vote was unanimously in favor. Motion carried.
.L.M.C,D,. REP.RESENTATIVg~ TOM REESE
L.M.C.D. representative, Tom Reese, was present asking about a
dredging permit for Jennings Bay that has been through the Lake
Use Committee and ready to go before the Board. The City Manager
explained that the original plan for this was approved in 1984 or
85. The Park Commission haS reviewed the dredging plan and
decided that the cost was prohibitive and only benefited 11
commons docks and 5 or 6 private docks. Only $10,000 was
budgeted for dredging and the estimated cost just for Jennings
Bay was $69,560. Therefore the Park Commission has tabled action
and moved the people renting commons docks to other'areas.
Ken Weber, 1609 Dove Lane, stated he thinks the estimated cost
was too high and that he has commitments from the people wi'th
dockage for $25,800 toward this dredging project. He felt that
amount plus the $10,000 the city budgeted and another $2,000 from
92
May 26, 1987
the neighbors would cover the cost.
There was Council discussion on where the spoil would be hauled.
Tom Reese indicated that the L.M.C.D.does not allow the spoil
material %0 be deposited anywhere in the Watershed District.
MOTION made by Smith, seconded by Johnson to direct the Park
Commission and Staff to do further study on the Jennings Bay
dredging; preparing a set of bid specifications; where the
spoil would be hauled; and how the cost would be paid or
financed. The vote was unanimously in favor. Motion
carried.
Mr. Reese also stated that the L.M.C.D. will not be approving any
more fishing contests on Lake Minnetonka because the DNR has
informed them that the catch and release program is not having a
good effect on the fish. He stated that the Minnesota Open Bass
Classic Contest which had asked for three dates has been told to
pick one date, the other two will not be permitted.
Mr. Reese also asked if the Council would like to take a position
on the proposed reduced night lake speed limit from 20 m.p.h, to
15 m.p.h. The Council stated they would like to see the speed
limit left at 20 m.p.h, at night.
PUBLIC HEARING;, DELINQUENT UTILITY BILLS
The Mayor opened the public hearing.
Mayor closed the public hearing.
There was no response. The
Abel moved and Jensen seconded the following resolution:
RESOLUTION 987-98 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $2,197.29
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
COMMENTS ~ SUGGESTIONS FROM CITIZENS P,R,,~SENT
DOUG EATON, 2611 Setter. Circle, stated he has received a
warning about the camper he has parked on his property
because it does not belong to him. He stated he will provide
a lease agreement with his Mother showing that she has leased
it to him or he will have it transferred into his name.
He also complained because he received a citation for putting
concrete in the gutter of his drive-over curb. It was
explained that he is obstructing drainage and could cause a
problem for snow plows by doing what he did. He was told he
could have an apron installed if he did not like the drive-
93
May 26, 1987
over curb. .This would have to be done at his own expense and
he would need a permit from the city.
Item #5 on the Agenda was withdrawn.
CASE ~87-622:
ROCO INVESTMENTS, 59~O..BARTLETT BLED,,. LOT 55,
AUDITOR'S SUBplVISION N.O. 168, PID ~23-117-2q 13
0032, LOT WIDTH VARIANCE. & SUBDIVISION
The applicant was not present. The Planning Commission
recommended denial. Mr. James Lewis and Mr. Ray Hanson',
neighbors, were present urging denial.
MOTION made by Johnson, seconded by Jessen to concur with the
Planning Commission to deny the request. The vote was
unanimously in favor. Motion carried.
CASE ~87-631:. DONALD LOBPELL, 3367 WARNER LANE, LOTS 4 & ~.,
BLOCK 12, DOUGLASrWHIppL~ SHORES, PID 925r117-2q
24 0056, VARIA. NCE TO RECOGNIZE AN .EXISTING NON-
CONFORMING PRINCIPAL STRUCTURE SETBACK AND
ACCESSORY BUILDING SETBACK
The Building Official explained the request and that the Planning
Commission had recommended approval.
The City Attorney suggested that this item be tabled and sent
back to the Planning Commission, having the Commission review the
proposed resolution because it does not address the factual
findings to allow a variance.
MOTION made by Abel, seconded by Johnson to table this item
and send the proposed resolution back to the Planning
Commission so that they can address the factual findings to
allow a variance. The vote was unanimously in favor. Motion
carried.
CASE ~87-632:
JAMES STILLE, 4512 MONTGOMERY RoAp, LOTS 9 & 10,
BLOCK 9, AVALON, PID 919-117-23 31 0023, FRONT
YARD SETBACK VARIANCE
The Building Official explained the request. The Planning
Commission recommended approval, if a new survey were submitted.
The applicant was present and asked if he could locate the
property monuments instead of having a new survey done because of
cost. The Council agreed. The proposed resolution to be amended
accordingly.
Jessen moved and Abel seconded the following resolution:
RESOLUTION #87-99 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION FOR APPROVAL OF A FRONT YARD
SETBACK VARIANCE AND EXISTING NON-
9q
.May 26, 1987
CONFORNING REAR YARD TO LOTS 9 AND 10,
BLOCK 9, AVALON, PID ~19-117-23 31 0023,
P & Z CASE ~87-632 (q512 MONTGOMERY ROAD)
The vote was unanimously in favor.
CASE-~87-633:
Motion carried,
KURT ~ JAYNE SILTON,..3237 GLADSTONE LANE,. LOT 49.
WHIPPLE SHORES, Pip ~25-117-2q 21 0118, VARIANC~
TO ALLOW THE CONSTRUCTION OF A WALKWAY/TERRACE
WITHING 30 INCHES OF THE GROUND, AT THE PROPERz~
LINE
The Building Official explained the request. The Planning
Commission recommended approval.
Johnson moved and Jensen s~conded the following resolution:
RESOLUTION ~87-100 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION AND APPROVE THE
SIDE YARD SETBACK VARIANCE FOR LOT 49,
WHIPPLE SHORES, PID 925-117-24 21 0118
(3237 GLADSTONE LANE), P & Z CASE #87-63B
The vote was unanimously in favor. Motion carried.
CASE' {87-63q: wILLIAM & E~.AIN~ LOVKV..IST, 1745 WILDHURST LANE-
~ LOT ~, BLOCK 13, SHADYWOOD POINT, PIp ~13-117-2~
14 0022, LOT SIZE..,VARIANCE
The Building Official explained the request. The Planning
Commission recommended that this be considered a minor
subdivision with a waiver of the public hearing, and no park
dedication being required.
Abel moved and Jessen seconded the following resolution:
RESOLUTION #87-101 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE A
MINOR SUBDIVISION OF LOTS 8 & 9, BLOCK 13,
SHADYWOOD POINT, PID #13-117-2~ 1~ 0022,
P & Z CASE ~87-634
The vote was unanimously in favor. Motion carried.
CASE ~87-635:. HOWARD BARRETT, RE: 500 TUXEDO BLVD., PART OF LOT
~, WHIPPLE SHORES, AND PART OF TRACT ~ OF REGIS~
~ERED LAND ~URVEY 1149, PID ~24-117-24 ~3 0029,
yARIANCE TO ALLOW STRUCTURAL REPAIR AND AN ADD?
ITION OF A 2ND STORY TO THE EXISTING BASEMENT
~WELLIN,G
The Building Official explained the request. The Planning
Commission recommended approval.
95
May 26, 1987
Abel moved and Jensen seconded the following resolution:
RESOLUTION ~87-102 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION AND APPROVE A VARIANCE TO
RECOGNIZE AN EXISTING NON-CONFORMING
SETBACK FOR THAT PART OF LOT 1, WHIPPLE
SHORES AND OF TRACT A, REGISTRERED LAND
SURVEY 1149, LYING NORTH OF A LINE RUNNING
FROM A POINT IN WEST LINE OF SAID LOT 1 A
DISTANCE OF 147 FEET NORTH FROM SOUTHWEST
CORNER THEREOF TO THE SOUTHEAST CORNER OF
SAID LOT 1, PID ~24-~7-24 43 0029, (5000
' TUXEDO BLVD.), P & Z CASE ~87-635
The Council asked that bringing the currect structure up to
Building Code be included in the resolution. ·
The vote was unanimously in favor. Motion carried.
CASE ~87-636;
DON SCHERVEN, 4528 ABERDEEN. ROAD, LoT. A,. BLOCK 6,
PEMBROKE, PID ~19-117-23 34 0068, RECOGNIZE
EXISTING NON-CONFORMING SETBACK TO THE FRONT
~ARD
The Building Official explained the request. The Planning
Commission recommended approval with Page 1466 as Exhibit "A".
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #87-103 RESOLUTION TO RECOGNIZE AN EXISTING NON-
CONFORMING SETBACK TO ALLOW A WALKWAY AND
DECK FOR LOT A, BLOCK 6, PEMBROKE, PID
~19-117-23 34 0068, P & Z CASE #87-636
(4528 ABERDEEN ROAD)
The vote was unanimously in favor. Motion carried.
REQUEST FOR A. VARIANCE, BLOCKS. 1 & 2,..REARRANGEMENT OF BLOCK 10,
70, ABRAHAM LINCOLN ADDITION, T~ LAKESIDE PARK
FOR KELE HOME~,- MARK RODRIGUE, PID #13-117-24 B1
0070, P & Z CASE ~86-554
The Building Official explained that Mr. Rodrigue is requesting
an amendment to Resolution #86-173 to allow the a 39 foot setback
to the ordinary high water mark at the west property line. Mr.
Rodrigue was'present and explained that he has already dug the
basement in this position because of a mix-up.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION ~87-104 RESOLUTION AMENDING RESOLUTION ~86-173 TO
ALLOW A 39 FOOT SETBACK TO THE ORDINARY
HIGH WATER MARK AT THE WEST PROPERTY LINE
/0'23
96
May 26, 1987
The vote was unanimously in favor. Motion carried.
DISCUSSION, ON ADDITIONAL pROJECTS TO BE DONE DUPING TH~ COUNT~
ROAD 13 pROJECT:
WATERMAIN REPLACEMENT
The City Manager explained that the total estimated cost
of this project would be $55,000. This would not come
out of the General Fund but would be paid from the Water
Fund which ss of April 30th has a cash balance of
$159,500.
Johnson moved and Smith seconded the following
resolution:
RESOLUTION ~87-105~ RESOLUTION RECEI¥ING FEASIBILIT~
REPORT, ORDERING IMPROVEMENT AND
PREPARATION OF PLANS FOR WATERMAIN
REPLACEMENT IN SHORELINE BOULEVARD
FROM FAIR¥IEN LANE TO FERNSIDE LANE
The vote was unanimously in favor. Motion carried.
STREET LIGHT REPLACEMENT
The City Engineer explained the Cost Estimate -
Alternates 1 - 4. He then explained the methods for
assessing different percentages to privately owned
property. The Council discussed the above and decided on
Method B - 50% of the total cost assessed to privately
owned property and Alternate #1, as follows:
Amount to be assessed would be $63,677.00
Cost per foot for commercial property 14.58
Cost per foot for residential property 9.72
Johnson .moved and Jessen seconded the following
resolution:
RESOLUTION ~87-106 RESOLUTION RECEI¥ING PRELIMINARX
ENGINEERING REPORT AND CALLING
HEARING FOR STREET LIGHT IMPROVEMENTS
ON SHORELINE BLVD.
The vo-te was unanimously in favor. Motion carried.
~URB, GUTTER AND CONCRETE APRON, STORM SEWER & SIDEWALKS
The City Engineer reviewed the report that was submitted
earlier in May to the Council. He stated that the amount
of deficit funding if Alternate 1 with method B
assessment is used for the street lights would be,
97
May 26, 1987
$35,801. The next step would be to call a public
hearing· The date chosen was June 23, 1987, at 7:30 P.M.
Jessen moved
resolution:
and Jensen seconded the following
RESOLUTION ~87-107
RESOLUTION RECEIVING PRELIMINARY
ENGINEERING REPORT AND CALLING
NEARING ON SNORELINE BOULEVARD
(NENNEPIN COUNTY ROAD NO. 15) STREET
IMPROVEMENT
The vote was unanimously in favor.
DISCUSSION:, PUBLIC WORKS FACILIT~
Motion carried.
The City Engineer presented 4 more alternatives for..upgradlng the
public works facilities. He went over each one with the Council.
After considerable discussion the Council chose Alternate S at an
estimated cost of $998,700. The Council discussed putting the
Westedge Site up for sale and using the money from that sale for
this project.
MOTION made by Abel, seconded by Jezsen to direct the City
Attorney to prepare the necessary resolution determining the
need to construct a new public works facility and to issue
general obligation bonds to pay for the same and calling an
election, using Alternate S at an estimated cost of $998,700.
The Council also directed the City Manager to obtain an
appraisal of the Westedge Site with the intent to sell it and
use the money from the sale to defray the cost of the new
facility. The vote was unanimously in favor. Motion
carried.
PAYMENT.,OF,,BILLS
MOTION made by Jessen, seconded by Johnson to approve the
payment of bills as presented on the pre-list in the amount
of $158,580.87, when funds are available. A.roll call vote
was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS;
April 1987 monthly financial report as prepared by John
Norman, Finance Director.
Minutes of the Planning Commission meeting of May 11,
1987.
REMINDER: League of Minnesota Cities Annual Convention,
June 9-12, 1987, Rochester. Registration must be in by
June 5. (NOTE: This convention is the week of Mound
/.5 23"
98
De
F®
Ge
H®
City Days.)
attending.
May 26, 1987
Please let me know if you are interested in
Letter from Bill-Frenzel and Martin Sabo announcing the
1987 Economic Summit to be held in Minneapolis June 19,
1987. If you are interested in attending, please let me
know.
Letter from local resident complimenting our police
department.
Letter from Hennepin County Community Services thanking
the City of Mound for its efforts in the County on
volunteer activities. This letter was presented to the
City on May 1~, at a banquet held in Brooklyn Park
honoring cities around Hennepin County who have assiste~
in this area of volunteerism. ·
Information on Purple Loosestrife, provided by Phyllis
Jessen. "
Copy of a letter frOm Police Chief sent to Mr. Doug
Eaton, 2611 Setter Circle, re: his complaint on being
warned about a derelict camper located on his property.
Copy of a letter from John Bierbaum, JRW Properties and
owner of Commerce Place, along with a check for $2000 for
fireworks for Mound City Days. We received this pursuant
to Mayor Smith's and City Manager's request. I have sent
a letter to Mr. Bierbaum thanking him for his donation
and support.
MOTION made by Jensen, seconded by Abel to adjourn at 11:~0
P.M. The vote was unanimously in favor. Motion carried.
Edward J. Shukle, Jr., City Manager
Fran Clark, CMC, City Clerk
BILLS .MAY 26, 1987
Batch 874051
Batch 874052
Computer run dated 5/19/87
Computer run dated 5/21/87
111,522.91
46,240.30
Loren Kohnen Bldg inspections
Mike Savage Reimb for tool
Chem Mfg Assn VHS training tape
Brian Erickson Lens holder for fire goggles
The Laker Legal notices
160.O0
35.62
25.00
32.06
564.98
TOTAL BI LLS
158,580.87
MINUTES OF THE SPECIAL MEETING - MOUND CITY COUNCIL - MAY 21, 1987
The meeting was called to order at 7:30 PM, by Mayor Smith. Members
present: Steve Smith, Phyllis Jessen, Liz Jensen, Skip Johnson and Don
Abel. Also present: City Manager Ed Shukle.
Mayor Smith opened the meeting by indicating that the purpose of the meeting
was to discuss salary increases for department heads and the city manager.
He requested that the city manager summarize his salary recommendations for
1987 and then a general discussion could be held.
The city manager discussed his position with regard to salary recommendations
by reviewing the report on 1987 salary recommendations prepared earlier. He
also reviewed proposed changes to the city's Administrative Code. Discussion
followed. Mayor Smith moved a 5% increase across the board for department
heads and city manager. The motion failed for lack of a second.
Don Abel mc,led and Phyllis Jesse~ seconded the following resolution:
RESOLUTION #87-92 RESOLUTION TO SET SALARIES FOR JAN BERTRAND,
BUILDING OFFICIAL; LEN HARRELL, POlICE CHIEF;
AND FRAN CLARK, CITY CLERK FOR 1987 AS SHOWN
ON (EXHIBIT IIF").
The vote was unanimously in favor. Motion carried.
Don Abel moved and Liz Jensen seconded the following resolution:
RESOLUTION #87-93 RESOLUTION TO SET SALARY FOR JOEL KRUMM,
LIQUOR STORE MANAGER AS SHOWN ON (EXHIBIT "F").
The vote was unanimously in favor. Motion carried.
Skip Johnson moved and Don Abel seconded a motion to increase John Norman,
Finance Director's salary by 6% for 1987. The following vote was recorded:
Ayes: Johnson. Nayes: Abel, Jessen, Jensen and Smith. Motion failed.
Phyllis Jessen moved and Liz Jensen seconded the following resolution:
RESOLUTION #87-94 RESOLUTION TO SET THE SALARY FOR JOHN NORMAN,
FINANCE DIRECTOR FOR 1987 AS SHOWN ON (EXHIBIT
The following vote was recorded: Ayes: Jessen, Jensen, Abel. Nayes:
Johnson and Smith.
Phyllis Jessen moved and Don Abel seconded a motion to approve an 8% salary
increase for the city manager for 1987. The following vote was recorded:
Ayes: Jessen. Nayes: Abel, Smith, Jensen and Johnson. The motion failed.
Skip Johnson moved and Don Abel seconded the following resolution:
RESOLUTION #87-95 RESOLUTION TO SET THE SALARY FOR EDWARD J. SHUKLE,
JR., CITY MANAGER FOR 1987 AS SHOWN ON (EXHIBIT "F").
MINUTES FOR SPECIAL MEETING
CITY COUNCIL
MAY 21, 1987
PAGE 2
The fo]lowing vote was recorded: Ayes: dohnson, Abel, Jensen and Jessen.
Nayes: Smith. Motion carried.
All of the above increases are retroactive to January 1, 1987.
The Council then discussed establishing pay ranges. The city manager was
directed to obtain quotations from professional consultants on performing
compensation studies to establish pay ranges for non-union personnel.
The Administrative Code revisions were discussed.
Phyllis Jessen moved and Skip Johnson seconded the following resolution:
RESOLUTION #87-96
RESOLUTION TO AMEND THE CITY'S ADMINISTRATIVE
CODE ADOPTED JUNE 10, 1984, WITH'AMENDMENTS
DATED 12-11-84, 7-9-85, REVISED AUGUST 1985
AS RECOMMENDED AND SHOWN ON (EXHIBIT "K").
The following vote was recorded: Ayes: Jessen, Johnson and Jensen.
Nayes: Abel and Smith. Motion carried.
Performance evaluation of the city manager was discussed. The city manager
indicated that in his employment agreement a proviSion was included with
regard to performance evaluation. He also indicated that he feels it would
be of benefit to the City Council and to himself to be evaluated and also that
he be evaluated since all of the other employees were evaluated in the
employee evaluation process. The City Council agreed and set a work session
for June 3, 1987, at 7:30 PM, for the purpose of evaluating the city manager.
The city manager was requested not to be present for the evaluation. The
Council also requested that a copy of the employee evaluation form used for
all of the other employees be provided to them.
The council then discussed a second work session and set it for June 15, 1987,
at 7:30 PM, in the city council chambers for the purpose of discussing a
budget resolution for the 1988 budget process. The council directed the city
manager to provide them with a copy of the budget policy resolution adopted
in 1986.
Abel moved and Jessen seconded to adjourn the meeting. The vote was unanimously
in favor. Motion carried. The meeting was adjourned at 9:30 PM.
· Respectfully submitted,
¥ i'll/ /
City Hanager
ES:ls
Id'?7
minnesota cities
May 24, 1987
Mr. Edward Shukle
City Manager .o
5341 Maywood Road
Mound, MN 55364
Dear Mr. Shukle:
Your nomination of Robert Polston for the~987 C.C. Ludwig Award
received serious consideration by the members of the Award Selection
Panel. Although Bob was not selected to receive the 1987 C.C. Ludwig
Award, the League of Minnesota Cities would like to recognize him
for his accomplishments to improve local government in the State of
Minnesota.
Please present the enclosed certificate to Bob on behalf of the
League of Minnesota Cities and convey our admiration and highest
regards for the accomplishments and contributions made by Bob. It is
with great respect and deep appreciation that we present him with
this certificate.
Donald A. Slater
Executive Director
Enclosure
DAS:lW
I 83 university avenue east, st. paul, minnesota 551 01 (61 2)227-5600/~'~
CASE NO. 87-637
CITY OF MOUND
Moun~, Minnesota
NOTICE OF PUBLIC HEARING TO CONSIDER THE ISSUANCE
OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF
A WINE AND BEER.RESTAURANT (CLASS IV) LOCATED AT
2244A COMMERCE BOULEVARD
NOTICE'!S HEREBY GIVEN.THAT on Tuesday, June 9, 1987, at 7:3~ P.M.
at the City Hall, 534] Maywood Road, Mound, Minnesota, a hearing will
be held on the issuance of a conditional use permit for the establish-
ment of a Class IV restaurant at 2244A Commerce Boulevard. The proposed
use consists of a restaurant where food,.non-intox~catlng liquors (i.e.
3.2 beer and wine) are served and consumed'by customers while seated at
a counter or table.
All persons appearing at said hearing will be given the oppo~tunlty
to be heard.
Francene C. Clark, City Clerk
3030 Harbor Lane North,
Suite 104
Minneapolis, Minnesota 55441
612/553-1950
TO: Planning Corrmissiort and Staff
FROM: Mark Koegler, City Planner ~
DATE: May 6, 1987
SUBJECT: Condi'tional Use Permit
APPLICANT: Robert Skinner dba DaVinci' s
CASE NO: 87-637
V~S FILE NO: 87-310-A21-Z0
LOCATION: Mueller-Lansing Center (Old Super Valu store)
EXISTING ZONING: Central Business (B-l)
GOMP~SIVE PLAN: Commercial
PROPOSAL: The applicant has aPPlied for a Conditional Use Permit to establish
a Class IV Restaurant (non-intoxicating liquor service restaurant) in the B-1
zone. DaVinci's is a full service Italian menu restaurant featuring primarily
pasta and pizza. The restaurant will occupy approximately 2300 square feet
and will. have a total seating capacity of 60. Most of the employees will be
part time and total employment is estimated at 25 - 30. Hours of operation
will be 11:00 a.m. to 1t:00 p.m. weekdays, 11:00 a.m. to 12'.-00 a.m. Friday and
Saturday and 11:00 a.m. to 10:00 p.m. Sundays. Business operations will
include some take out activity but will not include delivery services.
DaVinci's is proposing to locate in the space which was previously approved
for Gina Maria's. Adequate parking exists for both customer and employee use.
~ATION: Staff recommends approval of a Conditional Use Permit for the
operation of DaVinci's as a Class IV Restaurant in the B-1 zone.
RESOLUTION NO. 87-
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR THE.
INSTALLATION OF A CLASS II RESTAURANT IN THE CENTRAL BUSINESS
(B-l) DISTRICT AT 2244 (I)MMERCE BOULEVARD
WHEREAS, the City Council held a public hearing on June 9, 1987,
pursuant to Section 23.505 of the Mound Code of Ordinances to consider the
issuance of a conditional use permit for the installation of a Class II
restaurant (DaVinci's Restaurant) at 2244 Commerce Boulevard; and
WHEREAS, the proposed conditional use permit satisfies the criteria for
granting conditional use permits as stated in Section 23. 505.1 of the Mound
Code of Ordinances; and
~4EREAS, all persons wishing to be heard were heard; and
WHEREAS, the Planning Commission has reviewed the request and does
recommend approval.
NOW, ~HEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota, that the conditional use permit is granted for the Class II
restaurant subject to the following condition:
· The restaurant shall secure all appropriate licenses from the State Health
Department.
P]annin9 Commission Minutes
May il, 1987
e
Case No. 87-637 Public Hearing to consider issuance of a Conditional Use
Permit for the operation of a wine and beer restaurant (Class IV) at 2244 A
Commerce Boulevard; Metes & Bounds Description, Koehler's Addition to Mound;
PID No. 13-117-13 22 0042/0043
Applicant Robert Skinner and Building Owners, Phil Lansing and Mike Mu~ller,
were present.. -
The City p{anner reviewed his report on the request. The staff recommends
approval of this request.
The Chair opened the public hearing. Mr, Skinner had some concerns about the
signage. There were no other comments or questions and the Chairman closed
the public hearing.
Weiland moved and Meyer seconded a motion to recommend approval with the
staff recon~endations- The vote was Unanimously in favor.
The public hearing by the City Council will be set for June 9, 1987.
. .' CITY OF HOUND
iy/.~:~.ll~Z..~,U~~ : APPLICATION TO PIANNING & ZONIN: COHHIS$ ION
I. 5treat Addre~-g'-'O'f Pr"operty 2~ CO--CE ~.
Case
Date Fi]ed
2. Legal Description of Property: Lot
Block
Addition
PID No.
3. Owner's Name MIKI~ MUET,T,~:R - PJLIL IANSING
Address 8580 COUNTY ROAD 4k MOUND MN
Day Phone No 612-~72-1104
4. Applicant (if other than owner):
Name ROBERT SKINNER
Address 5292 F, DSM,T. ROAD MOUND,
5. Type of Request:
H - g7Z-3012
Day Phone NOel W -- 955'2522
( ) Variance ()~,) Conditional Use Permit
( ) Zoning Interpretation & Review
( ) Wetland Permit ( ) P.U.D.
( ) Amendment
(X) Sign Permit
( )*Other
*If other, specify:
6, Present ~oning District
7. Existing Use(s) of Property ~._I-~ OLD "S[J~.,J~-VALT~' ST~ - NOW ]~IGgT,~,¥$ IJLUI~RAMAT .... ,.
& PHAP~L~C Y
8. Has an application ever been made for zoning, variance, or conditional use permit or
other zoning procedure for this property? 'Yk'S If so, list date(s) of
list date(s) Of application, .action taken and provide Resolution No.(s)
I J~T.T~:V~ IT',WA~, APPLIAD FOR ,J%S A GINA .MARIA,S R~$TAURANT
Copies 6f previous r~-~blu'tic~ns sl~all acc6mpany present .request.
I certify that all of the above statements and the statements contained in any required
papers or plans to be submitted herewith are true and accurate. I consent to the entry in
or upon the premises described in this application by any authorized official of the City
of Hound for the purpose of inspec~ or of posting, maintaining and removing such
notices, as may be required by
Signature of Applicant ~ ~_~J~l~7/~/ Date
'/ f~) O /
Approval with the staff recommendations
Planning Commission Recommendation: ·
Date 5-11-87
Council Action:
Public Hearing set for June 9, 1987
Resolution No.
Date
~/82
procedure for Conditional Use Permit (2)
Location of: Sisns, easementS, under,round Utilitles, etc.
E. Indicate North icompass direction.
F. Any additional information as may reasonably be required by the City Staff
and applicabl~ Sections. of the Zoning Ordinance.
Ill Request for a Conditional Use
A. All information requested below, a site plan as described in Part ii, and
a development schedule providing reasonable guarantees for the completion ·
of the construction must be provided before a hearing will be scheduled.
B. Type of development for which a Conditional Use Permit is requested:
1. Conditional Use (Specify): ~T~T,TANI~J~S~.J~U~Jk~ , ,
Case
2 Current Zoning and Designation in the future Land Use Plan for Mound
C. Development Schedule:
1. A development schedule shall'be attached to this application providing
reasonable guarantees for ~he completion of the proposed development.
2. Estimate of cost of the project: $ ~0,000
D. Density (for residential developments only):
1. Number of structures:
2. Dwelling Units Per Structure:
a. Number of type:
Efficiency
2 Bedroom
1 Bedroom
3 Bedroom
3. Lot area per dwelling unit:
4. Total'lot area:
IV. Effects of the Proposed Uss
A. List impacts the proposed use will.have on property in the vicinity, in-
cluding, but not limited to traffic, noise, light, smoke/odor, parking,
and, describe the steps taken to mitigate or eliminate the impacts.
Proposed Resolution
Casm Number 87-608
RESOLUTION NO. 87-
RESOLUTION TO APRROVE THE FINAL RLAT OF MORSE ADDITION
- P.I.D. No. 13-117-24 23 0006
WHEREAS, the final plat of Morse Addition has been submitted in the manner
required for platting of land under the City of Mound Code of Ordinances,
Section 330 and under Chapter 462 of the Minnesota State Statutes and all
proceedings have been duly conducted thereunder; and
WHEREAS, the City Council on March 10, 1987, held a public hearing pursuant
to Chapter 3, Section 330:30 of the City of Mound Code of Ordinances, to
consider the approval of a conditional use permit for the establishment of a
Planned Development Area (PDA), approval of variances and approval of the
preliminary plat for Morse Addition located on property described as follows:
That part of Lots 27 and 29, and that part of the adjoining County Road,
all in "Lafayette Rark, Lake Minnetonka," described as beginning at a point
on the West line of Government Lot 4, Sect£on 13, Township ll7, Range 24,'
distant 1446.71 ~eet South Yrom the Northwest corner of said Government Lot
4; thence South along said West line 395.4 feet; thence South 68 degrees 05
minutes East (assuming said West line as bearing North and. South), 35.57
feet, which point is marked by a Oudicial Landmark; thence continuing South
68 degrees 05 minutes East 379.13 feet; which point is marked by a Oudicial
Landmark; thence North 27 degrees l0 minutes 40 seconds West, 30.94 feet,
which point is marked by a Oudicial Landmark; thence North 31 degrees 12
minutes East 223 feet, which point is marked by a Sudicial Landmark; thence
North 33 degrees 59 minutes East 172.77 feet, which point is marked by a
3udicial Landmark; thence continuing North 33 degrees 59 minutes East 41.70
feet; thence North 53 degrees 46 minutes West 261.33 feet to a point which
is on a line bearing North 89 degrees 55 minutes East and distant 395.34
feet from the point of beginning, which line is markea by 2 Oudicial
Landmarks, one placed at a point thereon 33 feet East from the point of
beginning and the other placed at a point thereon 275 feet East from the
point of beginning; thence South 89 degrees 55 minutes West 395.34 feet to
the point of beginning. Said Oudicial Landmarks mark all of the boundaries
of the above described tract and' were set pursuant to 'Torrens Case No
15162. '
Except that part of Lot 27, "Lafayette Park, Lake Minnetonka," lying
easterly of a line parallel with and distant 400.00 feet east, as measured
at a right angle, from the west line of said Government .Lot 4.
WHEREAS, said plat is in all respects consistent with the City Plan and the
regulations and requirements of the.laws of the State of Minnesota and the Code
of Ordinances of the City of Mound.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound,
Minnesota:
A. Riat approval is granted for Morse Addition as requested by David and Lori
Morse upon. compliance with the following requirements:
As per final plat, Exhibit "A", with t~ ae~ition of easements as
required by the City Engineer.
Completion of the requirements and conditions listed in ResolutiOn No.
The Developer is to sign a Development Contract and furnish to the
city a performance bond or bonds in the amount of $59,400.00 to cover
grading, &rainage, utility construction, site development and
landscaping as per plans approved by the City Engineer and City
Planner.
Approvals are to be submitted from all agencies requiring review, such
as MC~D, MRCA, Minnesota Health Department, DNR, and Hennepin County
Highway Department, etc.
Approval of all final grading and utility plans by the City Engineer.
Approval of final landscape plan by the City Planner.
Submission of any additional escrow funds as necessary to defray City
costs for Engineering, Legal and Planning fees that may be charged
against said account under City Ordinance Section ~0:145, Subdivision
2. ¢
City AC(orney's title opinion approval and the review and approval of
easement agreement for a common driveway to serve Lots l, 2, and 3,
Block 2.
9. All by-laws, Home O~ners Association Articles of Incorporation or
protection covenants shall be approved by the City Attorney.
lC. Park dedication in the amount of the fee which is applicable at the
time of building permit issuance but in no case less than $300.00 per
dwelling unit.
ll. One deficient sewer unit charge in the amount of $292.00 is to be
paid.
12. Any proposed docks shall be reviewed and approved by the LNCD.
l~. Submission of executed easement for public utilities across Lot 8,
Block l, Sherwood Shores.
That the City Clerk is hereby directed to supply a certified copy of this
ReSolUtion to the above named owner and subdivider after the completion of
the requirements for their use as required by M.S.A. 462.~58.
That the Mayor and City Manager are hereby authorized to execute the
Certificate of approval on behalf of the City Council upon compliance with
the foregoing resolution.
This final plat shall be filed and recorded within 60 days of the date of
'the signing 'of the hardshells by the Mayor and City Nanager in accordance
with Section 3~0 of the city Code of Ordinances and shall be recorded
within 180 days of the adoption date of this Resolution with one copy being
filed with the City of Mound.
8E IT FURTHER RESOLVED that such execution of the certificate upon said
plat by the Nayor and City Manager shall be conclusive showing of proper
compliance therewith by the subdivider and City Officials and shall entitle
such plat to be placed on record forthwith without further formality, all in
compliance'with N.S.A. 462 and the City of Mound Code of Ordinances.
~b McCombs-Knutson Associates, Inc.
12800 Industrial Park. Blvd.
Plymouth, MN 55441
612/559-3700
1-800-328-8322 Ext. 784
3une 4, .]_987
Engineers
Planners
Surveyors
Ms. 3an Bertrand
Planning and Zoning
City of Hound
534i Maywood Road
Mound, MN 55364
SUBOECT:
Morse Addition
Final Plat Application
Case No. 87-608
~ #8082
Dear Oan:
As requested' we have reviewed the material submitted with the application
for final plat approval of the above plat and have the following comments and
recommendations.
Final Plat
There are numerous easements missing from the final plat. The
following are the easements which need to be added.
a®
Drainage easement to cover all the area below 931.50 elevation,
which is assumed will be all of Outlot A.
be
Minimum 6 foot wide drainage easement on all lot lines for lots
1, 2, and 3, Block 2.
A 10 foot wide drainage easement along the north side and a 6
foot wide drainage easement aIong the south side of Outiot B.
de
A 20 foot wide utility easement across lot 3 and part of Lot 2,
Block 2 for the extension of City water and sewer as shown an the
final utility plans.
Final Grading and Drainage Plan
A detail of the proposed erosion control needs to be submitted. We
would suggest that an erosion fence be required rather then hay bales.
Final Utility Plans
A signed easement document for the water and sewer extension across
LQt 8, Block 1, Sherwood Shores should be submitted to the City before
the final plat is released for recording.
,q$. 2an Bertrand
3un. 4, 1987
Page Two
The final utility connections for the proposed town houses will need
to be approved by Public Works and a permit issued before this work
can proceed. The applicant will also need a permit from Hennepin
County for these utility connections.
Miscellaneous
1. A final landscape plan for the Townhouses be submitted to the City
Planner for approval.
2. The developer will need to furnish the city with a signed developme~
contract. '
3. Performance bond or bonds will be required as follows:
a. Townhouses Utilities
Grading and Drainage
Driveway & Parking Area Construction
Landscaping
Total estimated construction cost
Bond amount
$
34.730 x 1.25% = $
8,520.00
10,000.00
12,210.00
4 000.00
34,730.00
43,400.00
b. Single Family Lots
Estimated cost of utility construction $ 12,800.00
Bond amount 12,800 x 1.25% = $ 16,000.00
The amounts of these bonds could be reduced if the developer furnishes
signed contracts in a less amount.
4. Plans will be required for the'proposed retaining walls at the time
building permits are requested for the Townhomes.
5.' The plans do not indicate if any type of curb is proposed for the
perimeter of the paved area. We would recommend to the City that
concrete curb and gutter be required. At the minimum, curb is
definitely needed along the northeasterly edge of the driveway to
insure that run off is directed to the holding area and not towards
the adjacent residence.
We recommend-approval of the final plat subject to the following
conditions:
1. Addition of the necessary drainage and utility easements.
2. Submission of executed easement for utilities across Lot 8, Block 1,
Sherwood Shores.
Ns. Oan Bertrand
Oune 4, 1987
Page Two
Execution of the Development Contract and submission of ail bonds as
required.
4. Approval of Landscape plan by the City Planner.
If you have any questions, or need any additional information, please
contact us.
3C:tdv
Very truly yours,
McCOMELS-KNUTSON ASSOCIATES, INC.
Oohn Cameron
Is'F~
/5:73
APPLICATION FOR'SUBDig'fS-~-~"'OF';P, AND'- FINAL PLAT APPROVAL
' Sec.:22.03;a'i' "-J--':',!! ," '
FEE $ ] 00,00
/~,r?~r~.) I1(0,_.~ ,."-t"~'., ~,~- ~,,-,'-,,
FEE OWNER
fi'13 u ' PLAT
PARCEL
Location and complete legal description of property to be divided:
ZONING
To be divided as follows:
.A..iI.1 supporting documents, 'such as sketch plans, 'surveys, attachments, etc. must be
submitted in 8½" X 11" size and/or )4 copies p)us one 8½" X }l" copy
(attach survey or scale drawing showing adjacent streets, dimension of proposed
building sites, square foot area of each new parcel designated by number)
A WAIVER IN. LOT SIZE IS REQUESTED FOR:
New Lot No. From Square feet TO Square feet
Reason:
ADDRESS /~
Applicant's interest in the property:
TEL.
This application must be signed by all the OWNERS of the property, or an explen-
'etlon given why this is not the case.
PLANNING COMMISSION RECOMMENDATION:
DATE
COUNCIL ACTION
ResolutionNo.
DATE
APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY
DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DIVISION
AS APPROVED AND THE NECESSARY PAYMENTOF TAXESBY THE FEE OWNER
WITHIN 1 YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES
NULL AND VOID.
A list of residents and owners of property within 350 feet must be attached.
Call 348-3271 to order a certified llst from Hennepln County Property
Division.
inspected by
Location #110
Hopkins, Minnesota 55343' E C E [ V E D
DRIVEWAY OR STREET ENTRANCE PERMIT AND SPECIAL PROVISIONS
Sight distance: Actual - Left
Minimum- Left 440
Curb to be removed to: [3 Construction Joint [3 Sawed Joint
Recommended drainage: ~ Surface 13 Culvert Culvert length . ..
Type of sidewalk: 13 Concrete o Bituminous 13 Cutback required
1, CONSTRUCTION SPECIFICATIONS (Within Right-of-Wa~)
BASE ' SURFACE CURB. -'
Type~iV Type~C Type M~tch .
Depth 4'" Hin Depth~ Design Existi ,rig
· ' 3A32 Nix
2. TRAFFIC CONTROL REQUrhEMENTS
Barricades (100 Series)
SPECIAL PROVISIONS
~Ve 7_e~~'~rnm
1838 Commerc~ 81vd Speed zone 35
440+ Right
.... Right
Date 4/16/87
A.D.T.
k AY. 2 7 1987
8450
35O+
350
Culvert diameter
SIDEWALK
Type Ma(ch
Depth Existing
Plate #2 or #10 as needed
Advance Warning (20~300 Series)
SHOULDER
Type
Depth
BLVD - DITCH
Topsoil
Depth
, .Steady Burn (500)
Cones (28" - Day Glo)
SPECIALPROVISIONS
,One Z2' minimum, 26' maximum wi'dth driveway ~pproVeda_~sr_evised (see sketch). Curb
and gutter to be removedincluding south lO't of next door driveway. Apron to be
of "flared design" and be 36'5 wide at back of sidewalk - on-site driveways to split"
at con]non property corner.
DO NOT PLACE CONCRETE ON COUNTY RIGHT-OF-WAY WITHOUT WRITTEN PERMISSION. IF YOU HAVE ANY QUESTIONS CALL "DRIVEWAY PERMITS" 935-3381 EXT~)~ 3].1
Diagram A . .I Diagram B
IMPORTANT: TYPE °'e" CONSTRUCT ROUNDED BERM TO C/L IMPORTANT: CONSTRUCT ~WALE TO DIVERT WATER FROM R
PREVENT WATER FROM RUNNING DOWN SHOULDER.
DRIVE.
Shoulder Shoulder
Place culvert in existing*ditch
Culvert furnished
Date of delivery
nal inspection date
iveway was found to be
Satisfactory
Unsatisfactory
Inspected by
DESIGN
MAINT.
REVIEWED BY DATE
APPROVED~:_'
HE NN EPIN CO UNT~/~UB LIC WOR KS~~%S E_~CT~
By ~._/~ ~V,~'" ~ ~
Date /"//¢,'-~ ~/~ '~ '
HENNEPIN COUNTY PUBLIC WORKS
320 Washington Avenue South
.. Hopkins, Minnesota 55343
Permit No.
APPLICATION FOR DRIVEWAY OR STREET ENTRANCE PERMIT
(Read "General Requirements" reverse side)
Address /~'~'~ ~...~;/.,.~-o~_~'. ,~'--~'2'2, ~/~ (city)
Name of Prom~y Owner-- ~'~~
1. Con.actor ~dorming work ~ ~
Address
Phone
(zip code)
Driveway(s) Public Street{s)
2. Application is hereby made for permission to construct and.thereafter maintain:
3. Building to be constructed: J~-Yes [3 No ~_Resider~ce o Commercial (Specify Type)
4. Driveway or street will be:. ci Temporary ~ Permanent Date proposed entrance will be needed: "
5. Is the property: ?3~Platted ~i~ Un. platted Number of present drivewa'ys or entrances to property:
6. Building Permit acquired:
Yes 'J~ No City
Permit No.
.~'7. Type of proposed entrance surface. ~Bituminous o Concrete o Rock D Other.
8. Location ./~ ~-//"~~' /~,0 /F~/¢~ ' / ~XD. ~D.
(Addrae~) (Co. Road) ~ (City)
g. Location, if rural: Miles (N., $., E., or W.) Of /~ (Road or Street)
~. _ Applicant's Signature ' ~ ~"
Dated t ~ '
To help the inspector, place a stake with a cloth attached in the center of the proposed entrance, higher than any surrounding
vegetation.
APPLICANT'S DIAGRAM - (If plot or construction plan is not submitted)
(Complete this form and send all copies to: Hennepin County
Highway Division, Maintenance Office, 320 Washington
Avenue South, Hopkins, Minnesota 55343. Phone: 935-3381.
After approval, one copy will be returned to applicant.)
P.O. Box 387, Wayzata,. Minnesota 55391
~RD OF MAN~ER~ ~vid H. ~hmn, ~es, - ~ g Lehman - ~hn ~ ~om~
Permit Application No:
Owner: David Morse
Locati on:
Purpose:
87-29 Date: May 13, 1987
P.O. Box 377
Mound, MN 55364
City of Mound, Sec 13BCB, Commerce Blvd.
south of Three Points Blvd, Harrison's Bay,
Lake Minnetonka
Maintenance dredging of 200 cubic yards
of material
Dear Mr. Morse:
Receipt is acknowledged for the following which you have submitted as part of
the above permit application:
1. Review and approval by the DNR, received May 7, 1987.
This approval is in'accordance with the action taken by the Board of Managers
on February 19, 1987 in reference to the above permit.
This letter is your permit from the Minnehaha Creek Watershed District. Permit
approval is based upon the following exhibits:
1. Permit Application No. 87-28, received February 6, 1987.
2. Site plan for the project showing existfng and proposed cross-section,
dated january 29, 1987, prepared by Clifford Reep.
3. Permit file 85-88 and 82-68.
4. Letter from the District to the applicant dated February 24, 1987 informing
them of the permit status. .-
5. R~view and approval by the DNR, received May 7, 1987.
This permit is valid for one year. If construction is not complete within one
{1).year, an extension must be requested. Please contact the District at
473-4224 when the project is about to commence so an inspector may view the work
in progress.
EUGENE A HICKOK.'AND ASSOCIATES
Engineers for the District
~ae~l A. Pahzer, 'P.E. /
CC:
Board
G. Macomber
J. Boudreau, DNR
C. Reep
j. Bertrand, City of M~und
Date of ~?ss/u~/87
MIE] . CREEK
WATERSHED DISTRICT
P.O. Box 387, Wayzata, Minnesota 5539:1
BOARD OF MANAGERS:
David H. Cochfan. Pr--. · Albert g Lehman · John E. Thom,,· hrbirl R. Gudmundson · Mie.,l'mel Il. CIlToII
LAK/ MINN£TONKA~
Permit Application No: 87-47
Owner:
David Morse
1838 Commerce Blvd
P.O~ Box 348
Mound', MN 55364
April .27, 1987
Location:
City o$ Mound, Sec 13BCB, CommerCe
Blvd ~outh of Three Points Blvd,
Harrisons Bay, Lake Minnetonka
Purpose:
Stormwater Management Plan for 4-lot
residential subdivision for 2 twin homes
and 3 single family homes on a 5.4 acre
lot
Dear Mr. Morse:
At the regularly scheduled April 16, 1987 meeting of the Board of Managers,
the subject permit application was reviewed along with the following exhibits:
1. Permit Application No. 87-47, received March 9, 1987.
2. Site plan for the proposed residential subdivision, prepared by B. Grivna,
dated January 21, 1987.
3. Grading plan for the 2 twin-homes, prepared by B. Grivna, dated March 6,
1987.
4. Letter from the District to the Applicant, dated March 24, 1987 informing
them of the permit status.
5. Revised plan prepared by R. Thene, P.E. dated April 3, 1987.
6. Runoff calculations and letter prepared by R. Thene, P.E. dated April 6,
1987.
7. Revised plan showing the baffled weir detail and a more well defined
drainage swale near the neighbor's garage, received April 15, 1987
prepared by Robert A. Thene,.P.E.
The Board approved the permit application with'the following conditions:
The owner has the responsibility to operate and maintain the approved
stormwater management facilities which were designed in accordance with
Rule B of the rules.
Mr. David Morse
April 27, 1987
Page 2 ~
This document is your permit from the MCWD. It is valid for one il) year.
If construction is not complete within one il) year, an extension'must be
requested. Please contact the District at 4?3-4224 when the project (s about
to commence so an inspector may view the work in progress.
EUGENE A. HICKOK AND SLSSOCIATES
Engineers for the District
cc: Board
G. Macomber
.._~j. Bertrand, City of Mound
R. Thene
Eagan, Field & Nowak, Inc.
P.O. Box 387, Wayzata, Minnesota 55391
BOARD OF MANAGERS:
DIvid H. ~hran, P~. · AIh~ L ~hmln · ~hn E. ~l · B8~ R. G~mu~n · Michel B. ~11
Permit Application No: 87-47
Date: March 24, 1987
Owner:
David Morse
1838 Commerce Blvd
P.O. Box 348
Mound, MN 55364
Location:
City of Mound, Sec 13BCB, Commerce
Blvd south of Three Points Blvd,
Harrisons ~ay, Lake Minnetonka
PurPose:
Stormwater Management Plan for 4-lot
residential subdivision for 2 twin homes
and 3 single family homes on a 5.4 acre
lot
Dear Mr. Morse:
At the ~egularly scheduled March 19, 1987 meeting of the Board of Managers,
the subject permit application was tabled pending:
1. Calculations sizing the culvert under the driveway.
2. Revised plan showing the hard surface runoff being directed through a
baffled weir, and calculations for the design of the weir.
These items should be received no later than April 6, 1987 to ensure your permit
application will be on the agenda for th~ next meeting of the Board of Managers
scheduled for April 16, 1987.
Should you have any questions regarding this matter please contact me at
473-4224.
Very truly yours,
· EUGENE A. HICKOK AND ASSOCIATES
'Engineers for the District
Julie Johnson, Engineer
cc: Board
G. Macomber
B. Grivna, Eagan, Field,
and Nowak '
~J. Betrand, City of Mound
kh
3030 H=rbor ~ane North,
Suite 104
Minneapolis, Minnesota 55441
612/553-1950
FROM:
DATE: May 6, 1987
SU53EC~: Variance Request
APPLICANT: Donald Lobdell
Planning Cc~ission and Staff
Mark Koegler, City Planner ~/
CASE NO: 87-631
VBS FILE NO: 87-310-A20-ZO
LQUJLTION: 3367 warner Lane
EXISTING ZONING: Single Family Residential (R-i)
c~SIVE PLAN: Residential ·
PROPOSAL: Mr. Lobdell has applied for a variance to recognize existing,
non-conforming setbacks. This request has been submitted to satisfy mortgage
requirements. No changes and/or additions are being proposed for any of the'.
structures on the property.
The ex'isting single family structure has a 4.2 foot setback along the northern
prope, rty line-. The requ. ired setback in this area is 10 feet resulting in a
5.8 foot sideyard variance. The garage, which is an accessory structure, sits
1.3· feet from the front lot line and 2.9 feet from the side lot line. Since
the garage door does not face the street, required front and side yard
setbacks are 8 feet and 4 feet respectively. This situation results in a 6.7
foot front yard variance and a 1.1 foot side yard variance.
The. property contains one additional accessory structure which is labeled on
the survey as a storage building. The storage building sits approximately 10
feet from the lakeshore resulting in a possible lake setback varianc, e, the
exact amount of which is impossible to calculate due to a lack of avail, able
contour information.
RECfX~MENDATION: Based upon the fact that all of the variances requested by
the appli.~ant are to recognize existing conditions an~ that no expansion or
intensification of any of the three existing structures is proposed, staff
recom~mend~ approval of the_ noted variances to recognize existing con~itions./$~
Planning Commission Minutes
May 11, 1987
Case No. 87-631 Variance to recognize existing nonconform'~ng setbacks at
3367 Warner Lane; Part of Lot 1, Block 12, Douglas and Lot 64, Whipple
Shores; PIDNo. 25-117-24 24 0056
Don Lobdell wasp resent.
The City Planner, Mark Koegler, reviewed his report stating that applicant
is not proposing any changes or additions; request is wariance to recognize
existing non-conforming setbacks in order to satisfy mortgage requirements
in order to sell the p~Qperty. He stated that in addition to variances for
the house and garage, the storage building may require a %-ariance. The
building'needs to be above the ordinary high%mter level and contour info~-
-tion is not a%-ailable. The staff recormnends approval-of the noted variances
to recognize existing conditions and noting that no expansion or intensifi-
cation of any of the three existing structures is proposed.
The Commission discussed request and all we're doing is recognizing.existing.
Weiland moved and Michael seconded a motion to recommend staff recom-
mendation with the provision that thi~has to come back for any additions.
Commission~estioned age of garage. A portion to the.westwas added laS~'
year and it was thought by stakes that were pointed out, garage m-as con-
forming. New survey shows lot lines with garage at angle to lines.
The vote on the motion was unanimously in favor.
This will be on the City Council agenda on May 26, 1987.
e
APPLICATION TO PLANNING & ZONING COMMISSION
. (Please type the following information)
Street Address of Property.
O~ner ~ s Name I~ ~
Applicant (if other than owner): , ..
Address '~ -" ' ~' :~-' ~ ·
Type of Reques=: ~)) Variance ( ) Conditional Use Perm,[ (...)~endment
Zoning Interpretation S Review ( ) Sign Permi~
(-) Wetland Permit ( ) P.U.D. ( )~Other
Day Phone NO. ~b!~ -~/-~ 9
¥?
*if other, specify:
~resent ~oning District
7. Existing Use(s) of Propert
Has an a pllcatlon ever berg, varj~ce' or conditional use permit or
8. P ' ' . ..... ~ J,Y~ Ifso, listdate(s) of
other zoning procedure tor tnis properry~
list date(s) of application, action taken and ~rovide Resolution No.(s)
~.of previous resolutions shall accompany present request.
I certify that. all of the above statements and the statements contained in any required
papers or plans to be submitted herewith are true and accurate. I consent to the entry in
or upon the premises described in this application by any authorized official of the City
of MoUnd for the purpose of inspecting, or of posting, maintaining'and removing such
notices as may be required by law.
Signature of Applicant~,
Pl'annlng Commission Recommendation:
Recommend staff recommendation with Brovision
that this has to come back for any additions.
5-11-87
Date
Council Action:
Resolution No.
Date
5-26-87
Request for Zoning Variance Procedure
D.
E.
F.
(2) : Case #
Location of: Signs, easements, underground utilities, etc.
Indicate North compass direction
Any additional information as may reasonably be required by the City Staff
and applicable Sections of the Zoning Ordinance.
III. Request for a Zoning Variance
A. Al1 information below, a site plan, as described in Part I!, and general
application must be provided before a hearing will be schedu.led.
B. Does the present use of the property conform to q)-I use regulations for
the zone district in which it is located? Yes (//[) Ho ( )
If "no'e, specify each non-conforming use: -
'C.
De
Do the existing structures comply with all area height and bulk regulations
for the zone district in which it is located? Yes { ') No {~/) ..
If "no", ~pecify each non-conforming use: /"-
Vhich un,que p~ysical characteristics ~f theC~ubject property pre~nt its
reasonable use for any of the uses permitted in that zoning district?
( ) .Too narrow ( ) Topography ( ) Soil
( ) Too. small ( ) Drainage ( ) Sub-surface
..( ) Too shal}ow ( ) Shape ( ) Other: Specify:
Vas the hardship described above created by the action of anyone having
property interests in the land after the Zoning Ordinance was adopted?
Yes ( ) No ~?~) If yes, explain:
Vas the hardship created by any other man-made change, such as the reloca-
'tlon of a road? Yes ( ) No (X) If yes, explain:
/
Ge
Ar,e the c.onditions of hardship for'which you request a vaclance peculiar
only to the property described in this petition? Yes . (X) No ( )
If no, how many other properties are similarly affected?/'
H. !,~hat is the "minimum" modification (variance) from the area-bulk regulations
that will permit you to make reasonable use of your land? (Specify, using
maps, site. plans with dimensions and written explanation. AttaCh additional
sheets, if necessary.}
I, Igill granting of he variance be materially detrimental to property in tht
same zone, or to the enforcement of this ordinance?
P~'~pored for*. DONALD LOBDELL
-.
tS'
L~GAL DESCRIPTION__.'
Par 1: 'The Northerly 1/2 of ~ot ~, Block 12, Douglas, described as follows: Beginning
at the Northeasterly corner of said Lot 1, which is also the point where the Northerly
line of the lot intersects the Westerly line of Warner Way. From this point in a
Southwesterly direction following the Southeasterly line of Lot 1, 120 feet, more or
less, to a point in said Southeasterly line which is equally distant from the Northeasterly
corner and the Southeasterly corner of said Lot 1. From this point in a straight line to
the shore of Lake Minnetonka to a point on said shore line which is equally distant from
the Northwesterly corner and the Southwesterly corner of said Lot 1. From this point in a
Northeasterly direction along the shore of Lake Mlnnetonka to the Northwesterly corner of
the lot, which is also the point where the Northerly line of said lot intersects the shore
of Lake Minnetonka and from this point in an Easterly direction following the Northerly line
of said Lot 1 to the point of beginning, according to the recorded plat thereof, and
situate in Nennepin County, Minnesota.
Pas 2:' Lot 64, Whipple Shores, according to the recorded plat thereof, and situate in
Hennepin County, Minnesota.
GENERAL NOT£Sk
proposed top of foundation elev.
o Denotes iron monument
'x° Denotes CROSS chiseled in concrete proposed basement floor elev.
x95h$ Denotes existing spot elevation Proposed garage floor elev. ·
~] Denotes proposed spot elevation
BENCHMARK:
~ -- Denotes surface drainage
Dashed contour lines denote proposed features
Solid contour lines denote existing features
I hereby certify that this survey, plan or report was
ALL prepared by me or under my direct supervision and that
I am a duly Registered Land Surveyor under the laws of
SURVEYORS. the State~Minnesota.
tonq La~e, MinneSOtO 55~56
Ph: 475-1435 DATE ~J~? REG. NUMBER
? 7-- c.21 '\
44.
' '
14'3
64
El
I1(?
PHE
LEGAL NOTICE
CITY OF MOUND, MINNESOTA
PUBLIC HEARING
.The City Council of the City of Mound, Minnesota will hold a public
hearing on Tuesday, June 9, 1987, at 7:30 P.M. in the Council Chambers
at 5341Maywood Road, in said City. The purpose of this hearing will
be to allow residents the opportunity to express their views on the
City of Mound having assessing done by Hennepin County or private
contractor. All persons will be heard.
Francene C. Clark, CMC, City Clerk
Publish in The Laker June 1, 1987
75 YEARS
CITY OF MOUHD
5341 MAYVVOOD ROAD MOUND, MN 55364 (612) 472-1155
April 22, 1987
TO: City Council
FROM: City Clerk
The City Manager has requested that I reseach the merits of having
Hennepin County do our assessing or having our own City. Assessor.
The following points are very important in formulating a decision:
1. Property tax as a source of revenue to the City.
e
A. Authority to tax.
B. The role of property tax.
C. "Real" property tax.
Assessment of property.
A. Assessment officials.
Valuation of property.
A. Classification of property.
Equalization procedures·
A. City Board of Review.
_PROPERTY TAX AS A SOURCE OF REVENUE FOR THE CITY OF MOUND,
Property tax is no longer the major source of revenue for
Minnesota cities. Less than one quarter of city revenue .is
derived from property tax.
AUTHORITY TO TAX
All taxing authority is vested in the state legislature. It is
the state legislature which authorizes city property taxes and
sets limits upon such taxes. Consequently, all city taxing
authority is subject to change or revision by the legislature at
any time.
BOLE OF PROPERTY TAX
There are, essentially, only three kinds of taxes: those levied
against what a person earns, owns or spends. Income tax is an
example of the first, sales tax represents the: last. The
property tax, whether levied against real or personal property,
is a tax against the wealth which a person owns. It is essential.
that local officials be intimately familiar with property tax
itself, with the tax levy limits and authorizations, with the
details of its execution and with the maintenance of improvement
of the tax base.
Property tax supports many different governmental jurisdictions.
For example every dollar that a City of Mound property owner,
pays, 'through the property tax the following percentage of that
dollar goes for:
City of Mound
School Dist. #277
Vocational School
Misc. Levies
Watershed District
Hennepin County
16.76%
49.30%
1.31%
5.495
.12%
TOTAL 100.00%
"REAL" PROPERTY TAX
The City has no authority to determine what property is taxable,
nor in what proportions or amounts. The legislature alone
prescribes the procedures to be followed and sets all rates and
exemptions. The assessor and the local board of review are
authorized only to determine valuations in accordance with the
procedures prescribed by the legislature.
All real property subject to taxation is listed and at least one-
fourth of the parcels listed must be each year with reference to
their value on January 2 preceding the assessment so that each
parcel is reappraised at maximum intervals of four years.
ASSESSMENT OF PROPERTY
There are four basic steps in the assessment of property:
(1) Appraising property to determine its full and true value;
(2) Classifying property to establish its assessed value; (3)
Equalizing valutaions to reduce inequities; (4) reassessing
property when necessary. SEE VALUATION OF PROPERTY for the first
2 items and the last two SEE EQUALIZATION PROCEDURES.
ASSESSMENT OFFICIAL~
STATE OFFICIAL
The state commission of revenue supervises the administration of
assessment laws, striving to secure just and equal assessment of
all property in the state. Some of the commissioner's duties
include ordering the reassessment of any or all real or personal
property in any assessment district and requiring cities to
supply a~y needed information relating to the assessment of
property and collection of taxes.
COUNTY OFFICIAL
The assessment.official at the county level is the county
assessor. It is his or her duty to make the final determination
of the value of all property subject to assessment and taxation.
If. there is a city assessor, the locally appointed assessor views
and appraises the property, but all the book work and final
evaluations are assigned by the county assessor. This means that
if there are deficiencies in the assessment procedures or any
inequity in the value of property, the county assessor is.
empowered to correct them 'and the costs for the corrections would
be for charged to the city. :
CITY ASSESSOR
A city assessor places valuations on all taxable real property in
the city. To do this, the assessor receives annually from the
county auditor, on or before the first Monday in December of each
year, the necessary assessment books and blanks. The work must
be completed and books returned to the county auditor either on
or before the first Monday in May or after the last meeting of
the city board of review, whichever date is later.
~ALUATION OF pROPERTY
Ail property is to be valued at its market value. "Market value"
is defined by.State Statute to mean the usual selling price at
the" place where the property to which the term is applied is
located at the time of assessment, being the price which could be
obtained at a private sale and not at a forced or auction sale.
Market value is not necessarily the same as original cost or
4
intrinsic value since the assessor is also authorized to consider
other value-producing factors in assigning value to property in
terms of money.
CLASSIFICATION OF PROPERTY
The assessed value of property, that value on which tax is
imposed, is a given percentage of the property's market value~
The percentage of market value that is actually submitted subject
to tax is fixed by state law and depends upon the property,s
classification wh.ich in turn depends upon its use.
The process of deriving a property's assessed value for tax
purposes can be demonstrated as follows.
Let us assume that the property being valued is land and a
'building for residential homestead purposes, and that their
combined market value is $100,000, as determined by the
assessor. To determine the assessed value, the market-value
is multiplied by the percentage rate established for the
particular classification~of property. In this case it would
be:
18% of the 1st $65,000 which equals $ 11,700.00
and 28% over $65,000 which equals 9,~800.00
ASSESSED VALUE $ 21,500.00
Tax on this property would be figured as follows:
Assessed Value ($21,500) x millrate (108.637) = $2335.70 tax
The homestead credit is figured as follows:
54%' of tax, up to $700.00 maximum
TOTAL TAX ON HOMESTEAD PROPERTY
- 700.00
$1635.70
This same property non-homestead would be figured as follows:
28% of Market Value ($100,000) x millrate (108.637) =
$3041.84 TOTAL TAX ON A NON-HOMESTEAD PROPERTY
EQUALIZ/t~ION PROCEDURES
After the assessor has completed the work, it is reviewed and,
within limitations, modified at the city, county and state levels
of government. During this review procedure, two kinds of
corrections are made: o
1. The assessor's lists are check for accuracy, individual
complaints are heard, and any necessary adjustments are
made. This the sole concern of the city board of
review.
2. The ratio of market to assessed market values is
equalized. The county and state boards devote a
greater percentage of their time to this task.
Only when the assessments have been reviewed and equalized by all
three levels of government do they become the official assessed
values for tax purposes.
~IT¥ BOARD OF REVIEW
In Mound's case, the City Council is the Board of Review which
meets as it will on May 12th. The city assessor (if Mound had
one) and the county assessor must attend this meeting with their
assessment books and papers. At the first meeting the board and
the assessor accept and record the complaints and reasons. Then
the board adjourns and the assessor reviews the parcels', in
question and brings back his recommendations at a later meeting,
6
but no later than 20 days after the first meeting.
In fulfilling ~ts role,
functions to perform:
1.
the board of review has three main
It must review the assessor,s list, making sure that
all taxable property in the city has been properly
placed upon it.
2. It must review the assessor's valuations, striving to
standardize the ratio between market value and adjusted
market value for each individual piece of property. To
acc. omplish this, the board may raise or lower
valuations on individual properties, but'increases in
valuations cannot be made without first notifying the
property owner and giving him an opportunity to be
heard.
3. The board must hear and settle complaints of individual
property owners regarding the valuations which have
been placed upon their property.
The local hoard of review may not reduce the total or aggregate
amount of the assessment returned by the county assesser hy more
than .1%~ This means that compensation must he made for
reductions in assessed values by making comparable increases in
assessments against other parcels of property. (NOTE: THIS IS
VERY IMPORTANT.)
If a persons still feels aggrieved by an assessment after the
local board of review, he or she may appear before the county
board of equalization, but persons NOT appearing or notifying the
local board of review of their complaint may not move on to the
1 !3
county board of review. -
SERVICES INCLUDED IN ASSESSING CONTRACT COST WITH HENNEPIN COUNTX
1. Maintenance of a computer file and physical file on each
property's physical characteristics, valuation and
classification.
2. Physically inspect and review 25% of the parcels each year
as required by State statute.
3. The remaining 75% are adjusted by use of their computer
assisted assessment system.
4. Physically inspect and value all new construction, additions
and renovations.
5. Conduct all homestead procedures (see attached Exhibit "A").
6. Process all divisions and combinations for Mound.
7. Initiate, for the taxpayer, abatement applications.
8. Make appraisals for, testify or negotiate all district court
or tax court filings.
9. Analysis of property sales.
10. Preparing assessment runs.
11. Reviewing properties at taxpayer's request.
12. When valuation notices are mailed, they have appraisers on
duty to answer telephone inquiries and do review appraisals
- this effort is aimed at resolving as many taxpayer
concerns as possible prior to the local Board of Review.
13. A representative from the County Assessor's Office attends
the local Board of Review as the primary advisor to the
board members on valuation and assessing procedures. THey
also do additional review appraisals and related
8
investigations as requested by the local board. They also
attend any other meetings the Council deems necessary.
14. They have at least one appraiser on duty each day to answer
Mound taxpayer questions.
We will be paying $38,707 in 1987 for these services. Mound has
4,691 parcels which means that it costs about $8.25 per parcel
for Hennepin'County to assess. :
If the City went for a private contract the only service Hennepin
County would provide to the taxpayers-of Mound would be to tell
..
them what their taxes are. Any other calls or inquiries would be
directed to the city and then on to the local assessor'.
The county assessor has charged the following since 1984:
1984 $37,637
1985 $37,945
1986 $37,944
1987 $38,707
9
PROPOSED COSTS FOR LOCAL ASSESSOR (CONTRACT EMPLOYEE
An average starting salary for an assessor in the metro area is
$39,200. The City would have to provide the following:
1. Necessary filing area and working area for the purpose
maintaining required assessment records.
2. All of the equipment and supplies necessary of required
for performance of services.
B. Pay for all direct expenses, including those forms and
supplies, film, aerials and other miscellaneous and
homestead material and postage.
4. Necessary support staff to process homesteads (See
Exhibit A for duties), type, answer more phone calls,
etc.
I have found that cities that contract with private contract
assessors are paying from $10.12 per parcel to $12.00 per parcel.
10
Page 1 - EXHIBIT "A"
Homestead applications are taken for both full-year and mid-year homesteads.
When applying for homestead, applicant must do the following:
1) complete homestead application
2) submit a copy of the deed
3) submit proof of occupancy, when needed.
Processing the homestead application:
1) check over the applLcation form
2) check deed for the following:
a) date
b) signatures
c) notary signature
d) legal description
3) contact applicant if more information is needed
4) index cards (both alphabetical and numerical) are made for each home-
5)
6)
stead application that is completed and filed in with other active cards.
(There are at least 2 index cards for each parcel that is homesteaded.)
The old index cards are pulled out and filed in with the inactive index
cards.
A homestead declaration card must be typed if parcel was not homesteaded
the previoUs year.
Homestead application and copy of the deed is filed with the other
applications for that year.
Homestead declaration cards are mailed on December. 31st of each year for full-year
homestead applicants and on May 31$t for mid-year applicants. The homestead cards
are printed by computer for those parcels that were homesteaded the previous year.
The others'must be typed --- these include all of the mid-year cards.
Page 2 - EXHIBIT "B"
When the homestead cards are returned, they are compared to the~index cards that
were made when the ®riginal application was taken. They are checked for the following:
1) name
2) address
.' 3) ?.I.D. Number
4) signature
5) Social SeCurity Number
If one of the above do not match, check out and make any changes that are needed.
If the homestead card checks ou~ to be OK, the following is done:
1) homestead card is stamped date received
2) index card is stamped date the homestead card is received
3) folder is marked to indicate homestead credit should be given for tha~ year
4) homestead cards are filed in P.I.D. number order.
Final notices are mailed to those who do not return their homestead card .
For homestead applicants who do not qualify, the index cards are pulled from the
active cards and filed in with the inactive.
Returned-in-the-mail homestead cards are kept and filed.
The index cards must be kept up to date through out the year.
Envelopes and homestead cards must be ordered for the mailing of the homestead cards.
A primary/secondarY list is typed once a year. This is a list of all homesteaders
who are homesteading more than one parcel for that year. This information is obtained
from the index cards.
Kutz MacNotes
To: Cable TV Advisory Committee
From: Jim Kutzner
Date: May28, 1987
Re: Survey Conclusions
Il. If
The Cable TV Survey was a qualified success. 1,400 surveys wer~
mailed and 196 or 14% returned. The major responses were as follows:
Question l:
Responsiveness?:
Very Good
Acceptable
Poor
No Answer
81 41%
96 49%
14 7%
5 3%
Question 2:
Channel 'Prob le m(s ) ?:
Yes
No
Which Ones?:
2 KTCA
4 WCCO
5 KSTP
9 KMSP
11 KARE
12 PTL
13 NIK
16
17
19
20
23
24
25
KTCI
Access
Access
KXLI
KITN
VH-I
72
I10
13
13
16
9
12
2
3
1
7
1
3
3
3
2
37%
56%
7%
7%
8%
5%
6%
4%
28 ESPN
29
31
32 KTMA
33 CNN
35 MAX
37 HBO
41 SHOW
1
1
2
1
9
5
4
5%
Question 3:
Bill Problem(s)?:
Yes
No
No Answer
21 11%
153 78%
22 11%
Question 4:
Additional Program Services Wanted:
KTMA 26
Pay-Per-View 26
The Movie Channel 11
Playboy, Adult 8
Movies, Old Movies 7
Tempo 5
Discovery 4
Black Entertainment 4
WCCO II, Cable 4
Stereo Service 3
WCCO Weather 3
American Movie Classics 3
Christian Cable Services2
Bravo 2
North Stars 2
More Sports 1
More Children 1
More Shopping 1
Spanish International 1
Cinemax I
13%
13%
6%
4%
4%
3%
(Presently on Ch 35)
Question 5:
Do you watch Channel 20?:
Yes 82
No 113
No Answer I
42%
58%
What do you watch on Channel 20?:
City Council 37 19%
School Board and Events 24 12%
In analyzing combinations of responses a few interesting things came
out. Seventy six out of the 82 who watch Channel 20 also reported that they
felt that Dowden provided acceptable or very good service. Nine out of the
14 who reported poor service did not watch channel 20.
Interestingly, there was little correlation between bill or channel
reception problems and opinion of service. Sixty two of the 72 who reported
channel problems aJso reported acceptable or very good service. Sixteen of
the 21 who reported bill problems reported the same level of service. -.
Apparently, there are other factors leading to their opinions.
The raw data is attached and can be sorted by any index desired.
IL.2 ~
1~,$1
sm, ~..
/~$.?.
1~.33
z ziz
i
OPTION AGREEMENT
In consideration of One Dollar ($1.00) and other
valuable consideration, receipt and sufficiency of which
is hereby acknowledged, Randy E. Bickmann, a single person,
and Loretta E. Corbett and Gordon Corbett, husband and wife,
("Optionors"), hereby grant to the City of Mound, Minnesota,
a municipal corporation under the laws of the State of Minne-
sota ("Optionee"), an irrevocable option to purchase property
commonly known as 5500 and 5516 Lynwood Boulevard, Mound,
Minnesota, property identification numbers 13-117-24-33-0028
and 13-117-24-33-0029, respectively, (legal to govern),
for the purchase price of One Hundred Fifty-five Thousand
and no/100 Dollars ($155,000.00).
In addition to the above stated purchase price,
Optionee agrees to pay all special assessments against the
property, whether levied, pending or deferred. Optionee
shall pay all real estate taxes upon the property payable
in 1988 and thereafter.
As consideration for this Option, Optionee agrees
that it will promptly pay all costs incidental to razing
any and all buildings currently located on the property,
and that Optionee will bear all other expenses incidental
to making the property safe in accordance with applicable
laws, ordinances and codes, and will indemnify, defend and
hold Optionors harmless from any and all costs incurred
in razing the buildings on the property and making the property
safe in accordance with applicable ordinances, codes and
laws.
Upon exercise of this Option, Optionee agrees
purchase the property in "As Is" condition.
to
Upon payment in full of the purchase price, Optionors
shall deliver to Optionee a recordable Warranty Deed to
the property.
Optionee shall indicate its intention to exercise
this Option by thirty (30) days written notice to Optionors
at the following address:
Randy E. Bickmann
c/o Minnesota Grinding, Inc.
815 Cedar Avenue South
Minneapolis, Minnesota 55404
In the event that notice to exercise the Option
is given, Optionors shall, within a reasonable amount of time
-2-
after receiving written notice of intention to exercise this
Option, furnish to Optionee an Abstract of Title and Registered
Property Report including proper searches for bankruptcies,
judgments and state and federal tax liens. Optionee shall
be allowed fifteen (15) days after receipt thereof for an
examination of title and the making of any objections thereto,
said objections to be made in writing or deemed to be waived.
If any objections are made, the Optionors shall be allowed
120 days to make such title marketable. Pending correction
of title, payment of the Option price required shall be postponed.
Upon correction of title and within ten (10) days after written
notice thereof, however, the Optionee shall perform this agreement
according to its terms. If the title is not marketable and
is not made so within 120 days from the date of written objections
thereto, as above provided, this Option Agreement shall be
void at the Optionee's choosing. However, if the title to
the Option property is found to be marketable, or is made
marketable within said time; and, in the event Optionee shall
default in any of the agreements and continue in default for
a period of ten (10) days, then, and in that event, the Optionors
may terminate this Option and all payments, if any made upon
this Option, shall be retained by Optionors.
This Option shall expire at 4:00 P.M. Central Standard
Time on January 4, 1988.
This Option Agreement shall be binding upon and inure
to the benefit of the Optionors and Optionee and their respective
heirs, executors, successors and assigns.
Optionee shall not assign any right or obligation
hereunder in whole or in part without the prior written consent
of Optionors.
This Option Agreement may be executed in two or more
counterparts, all of which shall be considered one and the
same agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered
to the other party.
This Option Agreement shall be construed and enforced
in accordance with the laws of the State of Minnesota.
-3-
IN WITNESS WHEREOF, the
has been executed this ~'~ day of
foregoing Option Agreement
F~ , 1987.
OPTIONORS:
RANDY ~BICKMANN
OPTIONEE:
CITY OF MOUND, a municipal corporation
under the laws of the State of Minnesota
LORETTA E. CORBETT Its
GORDON CO~BETT
Its
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
On this ~;~ day of ~, 1987, before me, a
notary public, personally appea~d Randy E. Bickmann, a single
person, to me personally known, who being by me first duly
sworn, did depose and say that he is one of the Optionors
named in the foregoing instrument, and he acknowledged to
me that he executed said instrument as his free act and deed.
Notary Publi~--
~ ...?~,';~..,ELAINE M. BATCHELLER
k /~ NOTARY PUBLIC- MINNESOTA
STATE OF MINNESOTA) ~'..;~Jf~ HENNEPIN COUNTY
) S S . ~ ""~.. ~ My Corniness.on Exp.es Oct ~4~ 198~
COUNTY OF HENNEPIN)
On this ~'~ day of ~, 1987, before me, a
notary public, personally appeared Loretta E. Corbett and
Gordon Corbett, wife and husband, who being by me first duly
sworn, did depose and say that they are two of the Optionors
named in the foregoing instrument, and they acknowledged to
me that they executed said instrument as their free act and
deed.
' -- ~ ~ff_~'~ NOTARY PUBLIC MINNESOTA
Nofary Public ~:...~c~ HENNEPIN COUNTY
~ '~ .... y bomrnlss~on Expires Oct 14 19d~:
-4-
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
On this day of , 1987, before me, a
notary public, personally appeared and
the and of
the City of Mound, a municipal corporation under the laws
of the State of Minnesota, and the Optionee named in the foregoing
instrument, and they acknowledged to me that they executed
said instrument as their free act and deed on behalf of said
municipal corporation.
Notary Public
DRAFTED BY:
LINDQUIST & VENNUM
4200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
McCombs-Knutson Associates, Inc.
12800 Industrial Park Blvd.
Plymouth, MN 55441
612/559-3700
1-800-328-8322 Ext. 784
Oune 9, 1987
Engineers
Planners
Surveyors
Mr. Edward O. Shukle, Jr.
City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
SUBJECT:
Cobblestone Cove
Scenic Easement Lot 3
MKA #7888
Dear Ed:
Enclosed is a copy of a survey submitted by Creative Developers for a
building permit on Lot 3, Block 1, Cobblestone Cove. As part of the proposed
house, there is a deck which is not shown on the survey that extends
approximately eight (8) feet, at its greatest point, into the scenic easement.
Because this easement was part of the final plat approval and specifically the
condition stated under Item 2B, we felt the council should review this
request. Jan and myself have reviewed the request, made a field inspection and
would recommend approval since very little vegetation will be affected.
Attached is Page 2 of the scenic easement with the condition that applies
highlighted.
If you have any questions, or need any additional information, please
contact us.
Very truly yours,
McCOMBS-KNUTSON ASSOCIATES, INC.
John Cameron
OC:jmj
Enclosures
NOW, T~EREFORE, in consideration of the premises
.,contained herein, it is agreed by the parties as £ollows:
RESOLUTION 86-156
EXHIBIT A
1. Grantor hereby grants, bargains, sells and conveys
to City and its successors-and assigns an easement in, under on
and over the easement area, hereinafter referred to as,the
'Scenic Easement,r and City hereby.accepts the Scenic Easement.
2. The Scenic Easement is granted and accepted
subject 'to the following terms and conditions:
ae
The easement area shall be preserved
predominantl~ in its natural condition. No
~rees, shrubs or other vegetation shall be
planted upon the easement area, .and no trees,
shrubs or other vegetation shall be removed from
the easement area without the prior written
consent of City.
No building, road, sign, billboard, utility or
other man-made structure shall be placed in the
easement area without the prior written consent
of City. .-
Ce
Grantor assumes the obligation of maintaining the
easement area, subject to the provisions hereof.
De
No trash, was[e or other offensive material, soil
or landfi'll shal'l be placed upon or within the
easement area without the prior written consent
of the City.
No change in the general topqgraphy of the
easement area landscape, including but not
limited to excavation, dredging, movement or
-2-
RESOLUTION NO.
RESOLUTION DETERMINING THE NEED TO ACQUIRE AND EQUIP A
NEW PUBLIC WORKS BUILDING AND TO ISSUE GENERAL
OBLIGATION BONDS TO PAY FOR THE SAME AND CALLING AN
ELECTION
WHEREAS, the City Council has studied the need for new facilities to
provide public services needed by this growing City and has determined that
a new public works building is needed, and
WHEREAS, in order to finance said improvements and acquisitions, it is
necessary that municipal bonds be issued pledging the full faith and credit
of the City to their payment, and
WHEREAS, in order that such bonds may be issued as general
obligations, it is necessary'to submit the question of the issuance to the
voters of the C'ity, .
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Mound,
Minnesota, as follows:
1. The City Council of the City of Mound has been informed and
has investigated the need for additional public facilities and has found
that a public works building is necessary to store, repair and protect City
owned equipment, and has determined and does hereby find and declare that it
is necessary and expedient for the city to make such improvements at an
estimated cost to the City of not to exceed $998,700 and to finance the same
by issuing bonds as authorized by Chapter 475 of the Minnesota Statutes.
2. That the question of providing monies to acquire,
construct and equip said facilities shall be submitted to the voters of the
City at a special City election to be held on Tuesday, the 2.gth day of
Sept. , 1987, and that the special election shall be held with the polls
being open from 7:00 a.m. and remaining open until 8:00 p.m. on said date.,
and there shall be six voting precincts. The election judges who are
appointed to conduct said election are set forth in Exhibit A of this
resolution.
3. The City Clerk is authorized and directed to cause printed
ballots to be prepared for the use in said election in which the proposition
shall be stated in substantially the following form:
OFFICIAL BALLOT
SPECIAL BOND ELECTION
CITY OF MOUND
· 1987
SHALL THE CITY OF MOUND ISSUE GENERAL OBLIGATION BONDS
IN AN AMOUNT NOT TO EXCEED $998 ·700 FOR THE PURPOSE OF
PROVIDING MONEY FOR THE ACQUISITION AND EQUIPPING OF A
NEW PUBLIC WORKS BUILDING WITHIN THE CITY?
INSTRUCTIONS TO VOTERS: Voters desiring to vote in favor of the
foreging proposition shall mark an "X" in the square opposite the
word "YES"; voters desiring to vote against the foregoing
proposition shall mark an "X" in the square opposite the word
"NO".. ~
(Blue Ballots - See M.S.A. 205.17, Subd. 4)
4. The City Clerk shall cause notice of said election to be
given by publication in the official newspaper of the City at least two
weeks prior to said election and by posting said notice in at least three
public places in the City at least ten days prior to said election. She
shall also publish a sample ballot in the official newspaper at least one
week prior to the election and shall post a sample ballot in her office and.
in each polling place at least four days before the election. The election
shall be held at the usual voting places for the state general election and
as set forth in Exhibit B attached to this resolution, and said election
shall be held and conducted in accordance with the statutes of the State of
Minnesota applicable to City elections. The Council shall meet on
September 50 , 1987, as required by law for the purpose of canvassing
said election and declaring the results thereof.
The motion for the adoption of the foregoing resolution was duly
seconded by , and upon vote being taken thereon,
the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Approved and signed this day of , 1987.
Attest:
/ 37
Mayor
STATE OF MINNESOT~
COUNTY OF HENNEPIN
CITY OF MOUND
· I, the undersigned, being the duly qualified and acting City Clerk of
the City of Mound, Minnesota, hereby certify that I have carefully compared
the attached and foregoing extract of minutes of a meeting of
the City Council of said City held on , 1987, with the
original on file in my office and the same is a full, true and comp. lete
transcript therefrom.
WITNESS My hand officially as such City Clerk and the corporate seal of
the City this day of , 1987.
(SEAL)
City Clerk
NOTICE OF SPECIAL ELECTION REGARDING THE ACQUISITION
AND BETTERMENT OF A PUBLIC WORKS BUILDING FOR THE CITY
OF MOUND
CITY OF MOUND
HENNEPIN COUNTY, MINNESOTA
Sept. 29, 1987
NOTICE is hereby given.that a special election for the City of Mound,
Minnesota, will be held Tuesday , .Sept. 29, 1987, between the hours of 7:00
a.m. and 8:00 p.m. for the purpose of submitting to the voters of the City
the following proposition:
SHALL THE CITY OF MOUND ISSUE GENeRAL OBLIGATiON BONDS
IN ANAMOUNTNOTTO EXCEED $998,700 FOR THE PURPOSE OF
PROVIDING MONEY FOR THE ACQUISITION AND EQUIPPING OF A
NEW PUBLIC WORKS BUILDING WITHIN THE CITY?
Polling places for said election will be as follows:
Precinct #1 - Mount Olive Lutheran Church (Education Buildin¢l)
5218 Bartlett Blvd.
Mound, MN
Precinct #2 - Indian Knoll Manor
2020 Commerce Blvd.
Mound, MN
Precinct #3 - Island Park Hall
4843 Manchester Road
Mound, MN
Precinct #4 - Seahorse Recreation Building
5430 Three Points Blvd.
Mound, MN
Precinct #5 - Westonka Community Center (The Depot).
5801 Bartlett Blvd.
Mound, MN
Precinct #6 - Hennepin County L'ibrary
2079 Commerce Blvd.
Mound, MN
City Clerk
City of Mound, Minnesota
ADDITIONAL DOCK REFUNDS - 1987
Because of the low water at Dove Lane and no dredging in this area, we
have arranged for dock sharing or cancellation for site holders from
this spot. They are as follows:
00215 Edward Waldroff 1677 Eagle Share #25418 $42.50
00115 Hilary Jordan 2008 Clover Cir. Share #25800 $42.50
00295 William Peglow .-2875 Pheasant C. Share #26389 $42.50
00070 Be~t Norman 2860 Pheasant C. Share #26209 $42.50
00125 Brian Gubrud 6349 Walnut Share #26445 : $42.50
22330 Jeff Gubrud 5517 Spruce Share #26511 $42.50
00385 Don Riis 1625 Eagle Ln Share #26515 $42.50
0o ~- 7'o/~ ~Y~-'~ i ~ /o ,4~o-~ ~.~. ~,.~Z~?~
-Dell Rudolph
Information for June 9, 1987 Council Meeting
June 3, 1987
MOUND CITY DAYS LICENSES
Please waive fees and grant approval
Me~chant Sales--Balloons etc.
Fluff and Pillow Cleaning
Concessions and Food
Craft Shows
Dance
Fireworks
Pull-Tabs - Mound Fire Dept.
NEW LICENSE APPLICATION
Restaurant - License Period 5-1-87 to 4-30-88
Domino's Pizza, Inc.
2330 Wilshire Blvd.
Mound, Minn.
55364
BILLS ..... JUNE 9, 1987
Batch 874053
Batch 874054
Computer run dated 6/3/87
Computer run dated 6/4/87
42,240.09
56,240.39
TOTAL BI LLS
98,480.48
ZZZZZZZZZ
000000000
000000000
000000000
ooooooooo
ooooooooo
.Z
0
Z
0
I
'r'
Z
Iii
Z
LU
.J
,,~
Z
X03
3::Ir
T
,Ky)
I--
0
0
n~
I
I=-
Z
Il;
oooooo0ooooo
X
Z
.d
0
nn
.d
0
~J
0
UJ
t~
OJ OJ r,9
~ I I
r,q oJ P'l
~ oJ P'q
W
UJ
LIJ
UJ
_1
0
I--
0
Iii
l. IJ
W
X
X
J
0ooo0~
0
0
,-,
Z
W
~~000
~0~00~
O0
O0
Z~
O0
ii]
0
p-
X
CO
o
o
0
I I I
¢I. ,!. ¢1. ,11.
ZZ
Z
~'Z
O0
WLd
Z
0..
0
Ld
t.,n ,,~ o CD
,n.' LI'I o
Z I bJ
.>-
oo o oo o o ~ oo ~
0 O0 0 0 O0 0 0 0 O0 0
,t. : . * ,t..
Z
0
I.U _j
I- L,U
>-
Z
o n
Z 0
-/
-I
0
/-
0
0 ~--
~n
I-
-J
Z
0
>-
s-
uJ
L~
0
~n
Z
;2:
LU
3;:
W
Z
0
~J
w
,IF
-1
n
ZZZ
<:~ ,<: ,~
w
p.
Ii.
I--
Z
<:
o~
00000
00000
ZZZZZ
00000
00000
ZZZZZ
o.oooo'
W
D~
0
Z
0
Z
W
0
I-
0
Z
0
I--
ILl
::3
oo
oo
cO
* cO
0 W
r
0
>-
~ 'r
N
m N
hi
0 0 ·
Oo
oo
--
I-,,-
0
1:3
I
I--
LiJ
0~
,",
Z
0
I
il
0
Z
0
I-
[3.
uJ
"r'
z
tU
·
0
I::
Z OJCd~ OJOJ
D ooo
Cd~
ZZZZZZZZZ
2::;2:3::2:3::2:2:3:2::
OZ XO Z X (D~:X
0 O0 C,
ZZZZ ZZZZ
! !
P3r,1
I I
I :1
O0
Z~
O0
bJW
.J..J ..J
ZZ Z
'Z ;' Z Z
z
o
o
IJJ
LU
Z
'iLl
Z
0
ZZZZZZZZZZZZZZZZZZ'
ZZ
0
b'lLn
'OJ OJ
.,.0 kO.
~ 's""
I I I I I:1 I Iii I
ZZ;
O0
~,' ~., i
O00ZZ
I
I : I
o~
I~ I
Z
0
W ~
Oo O0 oo
o,o ~ ~ I
ZZZZZZ Z ZZZZZ
b9 b9 b9 I.?m I,y'l L,q i OJ
~~m~i 1~9~
I.-
Lm9 ~ bqU1
,(U (U iOJ
Ld
O0 0 0 0 0 0 0 0 0
's- ,s-
nl
LEN HARRELL
Chief of Poiice
E .OUND POLICE
5341 Maywood Road Telephone 472-3711
Mound, MN 55364 Dispatch 544-9511
EMERGENCY 911
June 4, 1987
TO:
FROM:
SUBJECT:
Ed Shukle, City Manager
Len Harrell, Chief of Police
Monthly Report for May, 1987
STATISTIC
The police department responded to 673 calls for service in the month of
May. There were 19 Part I offenses reported. The Part I offenses
included 2 criminal sexual conducts, 4 burglaries, and 13 felony thefts.
Part II offenses accounted for 65 calls; including 7 child abuse/neglect,
2 forgery/NSF check cases, 18 damage to property, 2 weapons violations,
1 liquor law violation, 5 DWI's, 1 simple assault, 8 domestics (one with
an assault), 6 runaway/incorrigibility, 7 harassment complaints, and 3
other offenses.
The patrol division issued 170 adult citations; including 43 parking
violations. Juveniles received 19 citations for various driving offenses.
A total of 80 warnings were issued.
One adult and two juveniles were arrested for felony offenses during the
month. Twelve adults were arrested for misdemeanors and four juveniles
were arrested for misdemeanors.
The department responded to 14 medical emergencies, 10 property damage
accidents, and 4 personal injury accidents. Animal complaints accounted
for 84 calls. The department assisted neighboring agencies on 15 calls.
Property valued at $2,688 was stolen during the month of May.
An error was made in the April report which indicated that we had written
269 hazardous citations for the. month. The actual figure should have
been 169.
Hazardous violations are down for the month of May due, in part, to the
prohibition against officers working stationary radar as requested by
members of the council in April.
II. INVESTIGATION
Approximately gixty-six hours of investigative time was spent on child
abuse issues by Sgt. Hudson. In addition, Officer Grand was assigned to
plain clothes for two days to assist in another abuse case. Four officers
were required to appear in court on two separate days for an abuse trial.
The defendant in the abuse trial received a sentence of over 160 months
of incarceration after being convicted of criminal sexual conduct on a
pre-school girl in Mound.
Over 30 hours have been spent on the investigation of a sexual assualt of
an elementary school girl by a 26 year old male who has since fled the
state.
Another case currently under investigation involves the repeated sexual
abuse of an elementary school boy by an adult male. Charges will be
forthcoming. °
A young motRer was charged with 5th degree assault for striking her elemen-
tary school child, while the mother was under the influence.
Other investigations include the physical abuse of a 13 year old child
by the mother and step-father. The neglect of two pre-school children
by their mother, the welfare check of a couple of pre-school children
whose mother was neglecting them due to alcohol abuse and other relatives
stepped in to remove the children, a welfare check for neglect and filthy
living conditions for 2 pre-school children, and assist Hennepin County
Child Protection in making contact with a family, already under care,
that was not responding.
In addition, there were cases involving worthless checks, harassment, and
burglary to be investigated.
Sgt. Hudson attended two days of training during the month and used two
benefit days off.
Nineteen formal complaints were issued in May including 4 for assault,
3 worthless checks, 2 for possession of cocaine, 7 gross and aggravated
DWi's, 1 liquor after hours, 1 DAR/DWI, and 1 for speeding.
III. MANPOWER
Officers used a total of nine shifts for a variety of time off. An
additional two shifts were moved to plain clothes to assist in investiga-
tions of cases. Officer Grand was involved in a couple of presentations
in the schools amounting to another shift away from patrol.
IV. OVERTIME
There was 13 hours of overtime to fill short shifts in scheduling. An
addit'ional 24 hours was for double time for the Memorial Day holiday.
An additional 11 hours was for court and late breaking arrests and calls
for service.
V. TRAINING
Approximately 19 shifts were used for training. Seven officers were
sent through a two day survival shooting course in St. Paul. Other
schools included intoxilyzer recertification, investigation of violent
crime, emergency preparedness, and traffic safety.
PART I,,CRIMES o ~ ~ ~ ~ ~ ~ ~ m ADULT. J~,
H~ide .........
Criminal Sexual Conduct 2 1 1
Robbery
Assault ill
Burglary 4
Larceny 13 1 1 2
Vehicle Theft 1
Arson
TOTAL 19 2 2 1 2 II'
PART II CKIMES
Child Abuse/Neglect 7 ' 5 - 1 i. . il'
Forgery/NSF Checks 2 2 2
Criminal Dnmnge to Property 18 ' 1 ,1,,.
Weapons 2 1 '
Narcotic Laws
DI~I~ 5 1 4 3
S±mple Assault 6 ' 3 1 1
.Domestic Assault 1 - 1
Domestics (No Assault) 7 1 1
Harassment 7 1 1
Runaway~incorrigibility~Truancy 6 4 1
Public Peace 1 1
All Other Offenses 2 2 2
TOTAL 65 1 16 15 12 i o 4
PART III &';PART IV
'Property Damage Accidents 10
· Personal Injury Accidents 4
FataI Accidents 0
Medicals 14
Animal Complaints 84
~al Aid 1~5
Other General Investigations 462
TOTAL 589
673 1 18 I , 17 13 6
ACTIVITIE~
TOTAL
POLICE/CRIME ACTIVITY REPORT
MONTH MAY YEAR .1987
GENERAL ACTIVITY SUMMARY THIS THIS YEAR LAST YEAR
' MONTH TO DATE TO DATE
Hazardous Citations 88 687 ~" 485'
Non-Hazardous Citations 47 290 240
Hazardous Warnin~.s 24 219 235
Non-Hazardous Warnings 37 477 , 52§
Verbal Warnings ~ 54 361 -
Parking Citations 43 203 371
5'~ 52 ' 55
DWI ,
· 3 37 39
OVER . 10
Property Damage Accidents 10 40 2'5
Personal In.jury Accidents 4 18 '12
Fatal Accidents 0 0 0
Adult Felony Arrests 1 27 21
Adult' Misdemean'o~ Arrests 18 139 232
Adult Misdemeanor Citations 3 31 38
Juvenile Felony Arrests 2 25 13
Juvenile Misdemeanor Arrests 4 . 40 59
Juvenile Misdemeanor Citations 0 18 18
Part I Offenses 19 137 144
Part II Offenses 65 353 379
Medicals 14 77 80
Animal Complaints 84 482 495
Other General Investigations 462 2,084 ~ 2,140
...... "--- 987 5,799 5,610
Assists 34 208 362
24 210 239
Follow-Ups ..
'City MOUND Month MAY 19 87-'
CITATIONS
DWI or OUI
More than .!0~ BAC
ADULT
4
3
Careless/Reckless Driving
Driving After Susp. or Rev.
Open Bottle
Speeding
No DL or Expired DL
Restriction on DL
Improper, Expired, or No Plates
Illegal. Passing
Stop Sign Violations ..
Failure to Yield
Equipment Violations
H&R Leavin9 the Scene
No Insurance
l'or Unsafe Turn
Over the Centerl|ne
Parkinq Violations
Crosswalk
Dog Ordinances
Derelict Autos
51
6
3O
5
4
Miscellaneous Tags 9
TOTALS J 170
WARNINGS
No. Insurance
8
" 21
Traffi c
33
JUV
)TAL
9
2
19
2
2
Equ i pment
Crosswalk
· 5
Animals
Trash/Derelict Autos 3
Other
J 76 4
ARRESTS
6
Felony
Misdemeanor
PROPERTY LOSS/RECOVERY SUMMARY
ITEM
Bikes
Snowmobiles
Boats, Motors, Trailers
Clothing
Currency, Notes, Etc.
Jewelry & Precious Metals
Guns
Home Furnishings
Radio g Electronic Equipment
Vehicles & Vehicle Equipment
Miscellaneous
TOTAL
STOLEN RECOVERED
$ 750
20
70
1,140
7O8 $ 4O
$2,688 $ 40
MOUND
75 YEARS
C;TY CF
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
June 3, 1987
TO:
CITY MANAGER
FROM: CITY CLERK
RE:
MAY MONTHLY REPORT
The City had twd regular Council Meetings and two special Council
Meetings in May with 19 resolutions and 1 new ordinance. There
was Agenda preparation and items to clear up after each meeting.
I spent a lot of time inputing information from you into the
computer for the salary recommendations for non-union employees.
The resolutions and.all other forms-and pertinent information on
the tax forfeit property that was dealt with in April was sent to
Hennepin County.
I received several calls in May from people who have purchased
the lots that were released for public sale (lots that meet the
zoning codes and are buildable). I found this interesting
because these 2 or 3 people have houses and property adjoining
these lots and purchased them to add to their pr. operty to keep
the area from becoming over populated with housing.
My new personal computer was delivered. It is not yet up and
working~but will be in June. I loaded all the programs and am
anxious to get going.
I attended the annual IIMC (International Institute of Municipal
Clerks) Conference from May 16 - May 21. This year's theme,
~'Building for Tomorrow: Today";' was reflected in the variety of
'topics covered in the educational sessions, presentations and the
extensive exhibits. The theme ties into the growing importance
of computer and'software technology in municipal record keeping.
There were 45 different workshops in records management, local
government productivity, elections, professional development,
personnel management, communications, supervising, to name a few.
I had a number of calls on the Hennepin County Tax Forfeit Land
Page 2
May Monthly Report
Auction that was finally held in May. I have also had several
peopxe come in %o check on proper~y aDu5%lng %heirs LnaL eisner
belongs to the city for parks or was taken some time ago for
public purposes. The research on these properties is very time
consuming.
fc
LAST YEAR
TO DATE
EMERGENCY
M'TONKA BEACH - FIRE
EMERGENCY
MiNNETRISTA - FIRE
EMERGENCY
ORONO - FIRE
EMERGENCY
SHOREWOOD - FIRE
EMERGENCY
SPRING PARK - FIRE
EMERGENCY
MUTUAL AID - FIRE
EMERGENCY'
--TOTAL FIRE CA~LS
~TOTAL EMERGENCY CALL5
~OMMERICAL
kESIDENTIAL
iNDUSTRIAL
G~55 & MISCELLANEOUS
AUTO
FALSE ALARM
EMERGENCY
EMERGENCY
-TOTAL
- SHOREWO0O
EMERGENCY
TOTAL
EMERGENCY
-MUTUAL AID FIRE
EMERGENCY
TOTAL
TOTAL FIRE HOURS
TOTAL FIRE & EHERGENCY HOURS
MUTUAL AID RECEIVED
MOUND VOLUNTEER FIRE DEPARTMENT
MOUND, MINNESOTA 55364
DRILL REPORT
Date
Discipline and Team %~ork
T~me
Pumper OperJtlon
Critique of Fires
PrezPlanning &'Inspections
~ools & Apparatus Identifying
Hand Extinguisher Operation
Fire Streams & Friction Loss
ltouse Burnlng~~
Natural ~ Propn~,e Gns Talk
& Dcrnonstrat ](-~5
Ladder Evolutions
Wearing Protective Clothing
Salvage Operations
Films
Radio Operations
First Aid and ResCue Operation
ttouse Evol ut i¢,n.~
USe of Self-Contalned Masks
Nozzle & Ilose Allin,,ce
Inhalator Operation
NOTE: HouYs Training Paid
X Excused X
Unexcused 0 Pme~ent, Hot Paid
'~/J-- O Andersen
-~gL.-:G'~'A ~i'd e r s o n ~ "L
~/J._~a Babb ~)~_ C
" ,~' J Beauchamp '~-]/~ G
-~/~ D Boyd ~/~ M
~/~D Bryce ..~/~ B
~ S Bryce ~ R
~ D Carlson· ,~/~j
'~Y~ S Collins ~/~M
~M David - ~/g~A
'~ B Erickson ~z~ B
G
~/~ S Erickson
Garvais
Heitz
Henderson
Johnson
Kleeberger
Landsman
Marschke
Nafus
Nelson
Opitz
Palm
Palm
~/.~- M Palm
"..)l/,,t- G Peders'on
'-~/~-- D P1 atzer
.~l/..~ T Rasmussen
~D-~L_' M Savage
~'/J_.R Stallman
~ T Stallman
~//~T Swenson
~.W Swenson
~ M T0bey
j~/~R Williams
~?~T Williams
MOUND VOLUNTEER FIRE DEPARTMENT
MOUND, MINNESOTA 55364
D R I L L R E ? 0 ~T
D[sclpline and Team 1Cork '_~_-
Critique of Fires .....
Pre-Plann~ng &.Inspections
Tools & Apparatus identifylng
Hand Extinguisher Operation _ -
Wearing Protective Clothing
Films
First Aid and ResCue Operation .....
USe of Self-Contained Hasks ....
Pumper Opcratlon .......
Fire Stremns & Friction Loss .......
ilouse Burning-~ ........
Natural & Prop.~,e G~s Talk ........ & Dcmonstrat ltms
Ladder Evolutions
Salvage Operations
Radio Operations
ttouse Evol ution-~
Nozzle & llose Allin,,ce
Inhalator Operatlon .~ ......
Hou'ds Training Paid X Excused X Unexcus~.d 0 p,t-~ent, tlot raid'
·
Miscella~cous ~. ~~~ '- - ............................. '
.~11~ j Andersen
J Babb
i' ~'/.°~. J Beauchamp
2J/O_~ D Bryce
O//J~S Bryce
Carlson
Collins
David
Erickson
Erickso~
~M
Garvais J2-~ M Palm
Heitz ~- ~/$l. G Pederson
Henderson ~~ Platzer
Johnson ~ T Rasmussen
K1 eeberger J~M Savage
Landsm~n ~,~R Stallman
Marschke ~ Stall an
Nafus ~T Swenson
Nelson ~.W Swenson
~ M Tobey
Opi tz
Palm J~'T Williams
0
0
0
0
4
J
0
MOUND FIRE DEPARTMENT
TOTAL MAINTENANCE FOR
MA?, my
J. Andersen
G. Anderson
J. Babb
J. Beauchamp
D. Boyd
D. Bryce
S. Bryce
D. Carlson
S. Collins
M. David
B. Erickson
S. Erickson
J. Garvais
L. Heitz
C. Henderson
G. Johnson
M. Kleeberger
B. Landsman
R. Marschke
MEN ON DUTY
~ M. Nelson
~ A. Opitz
~ B. Palm
~ Gl Palm
/~ M. Palm
I G. Pederson
~ D. Platzer
___~_____T. Rasmussen
M. Savage
T. Stallman
T. Swenson
W. Swenson
M. Tobey
R. Williams
T. Williams
J. Nafus
TOTAL MONTHLY HOURS
TO: City Manager and Members of the City Council
FROM: Jan Bertrand, B~ilding Official ~
SUBJECT: May, 1987 Monthly Report
During the month of May, the Inspection Department attended one Plannin9 Commis-
sion meeting on May llth, and two City Council meetings on May 12th and May 26th.
The Inspection Department had 20 working days in May with one holiday. Marge
attended one Planning Commission meeting and two Park Commission meetings. The
following inspections were conducted during the month of May:
* Site inspections 47
Footing inspections 38
Framing inspections
10
Insulation inspections 3
Drywall inspections 8
Final inspections
21
Progress inspections
21
Erosion/Grading
House moving inspections
** Heating inspections
Plumbing inspections
10
Fi re Sprinkler/Suppression
Complaints 25
Total 185
The monthly report for April was submitted to the City Manager during the month.
Zoning reports were submitted to the Planning Commission. The Planning Commis-
sion referred the 6 variances, 1 conditional use permit and 1 sub-division to
the City Council for action. Writing of correspondence, resolutions, and Planning
Commission reports were sent out from the Department. Correspondence received
during the month were reviewed; recording of inspections were made on the daily
log.
One formal complaint was signed during the month of May as well as 9 citations
were issued. Correction orders were issued with posting for non-occupancy of
the buildings at 1717 Avocet, 1551 Bluebird, 4455 Radner Rd., and 5950 Bartlett Blvd.
Arrangements were made for boarding and securing the building which is abandone~
at 4455 Radner Road, the structure will require assessing the charges for boarding
on the taxes in September. The property at 5950 Bartlett Blvd. has been without
water service on a rental property for over 30 days.
Meetings were held with Balboa of Minnesota again to discuss the completion of
the Certificate of Occupancy for the building. A letter was sent from the
City Prosecutor to their office informing that completion is necessary by the
first of June. Inspection Department met with Public Works, Engineering, and
Planner, to discuss construction, planning requests, and corrections to various
properties. A meeting was held with Contel to discuss the site improvements
for parking and landscaping east of Wilshire Blvd. and north of Maywood Rd.
! met with their Structural Engineer to discuss improvements to the former
HEI building. I attend the monthly staff meeting.
Plan review was conducted during the month for nine new homes, as well as some
commercial and single family remodeling. The City vehicle was brought in for
the usual gasoline fills during the month with no failures of the equipment.
The total number of building permits issued in the month of April was 50. The
valuation figures have not been done to date. The Building Activity Report
for May will be submitted with the June report.
In addition, our department prepared the monthly calendar for t~e June City
Meetings and events. Arrangements were made with Public Works to have grave
sites staked out for burial in Mound Union Cemetery. Marge prepared the
Park Commission agenda and wrote the minutes as well as typing some correspondence
for the Park Department.
JB/pb
Attachment
* Site Inspections include the review of the Planning Commission requests and
requirements, complaints and follow-up to code compliance, such as, no building
permit, re-check of compliance notice, review status of various sites for the
City Prosecutor, pre-construction meetings at the site for building permit
applicants or realtors, fire damage and periodic commercial inspection updates.
** The heating inspections during the construction of projects are included under
the framing and final inspections of the building. The heating installations
mentioned are for separate equipment being placed in homes and businesses.
Several of the inspections for framing involve framing and insulation of the
same structure.
75 YEARS
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
June 2, 1987
TO:
FROM:
RE:
ED SHUKLE AND
CITY COUNCIL ....
JIM FACKLER, PARKS DIRECTOR/~
MONTHLY REPORT - MAY
GENERAL COMMENT
Time spent in May was in varied areas. There is alot of work to be
accomplished on the Commons with the shoreline improvements, requests
for dredging and the inquiries from citizens on the low level of Lake
Minnetonka. At the same time, the Parks Department is making ready the
beach at Mound Bay Park, mowing of the parks and general repair of equip-
ment.
Currently, we have five employees in the Parks Department. Two are mainly
assigned to the shoreline rip rapping pr6ject and parks maintenance, one
is currently doing most of the mowing and garbage pick up, one dock ins-
pector and myself. We will be getting one more member of the mowing crew
in June and hopefully two tree trust workers to help with weed trimming.
CEMETERY
Howard Simar did a nice job of preparing the cemetery for Memorial Weekend.
We had compliments on how nice it looked.
COMMONS
Boats and docks during May began to be put in, in higher numbers. Along
with this activity, we are also seeing more time spent in handling requests
from dock site holders about low water, dock repairs, new boat registrations
and relocation of dock sites.
In May we have rip rapped:
Avalon Park 100'
Kenmore 350"
Avocet 50I
Fairview 100'
Bob John§on and John Taffe have done excellent work in rip rapping and
have made good progress. With each area, they have been able to work
faster as they gain experience in handling the material and use of the
equipment. The new bobcat has proven to be an excellent investment and
has allowed access with the rip rap meterials in restricted areas.
PARK DEPARTMENT MAY REPORT
JUNE 2, 1987
PAGE 2
Another area that has consumed alot of time has been investigation of
dredging low water areas in Jennings Bay, Black Lake Channel and others.
The cost of doing this type of work is expensive and the disposal of
the material after the dredge has shown to be very troublesome in where
to put it.
TREE REMOVAL
There has been nine trees removed from City Property in May. The cost
of this is $1125. We have expended all the budget for commons tree
removal ($3000).
SUMMER PARKS PROGRAM
The parks program will begin in June and run through July. We have a new
program supervisior, her name is Kelli Meyer.
PARKS
We are in the process of getting the Parks caught up in mowing, litter
pick up and equipment repaired or removed. As we get more helpers, we
will be able to keep up with the'daily work.
JF:ls
'MOUSED
75 YEARS
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
June 3, 1987
TO:
FROM:
RE:
ED SHUKLE, CITY MANAGER
AND CITY COUNCIL
JOHN NORMAN, FINANCE DIRECTOR
MAY FINANCE DEPARTMENT REPORT
COMPUTER UPDATE
The computer hardware arrived in May and the installation was completed.
The cabling and electrical work for the computer was installed properly.
We had a system introduction training on the basics of the computer
system. The training for our financial system will begin in June.
CBD MEETING
A Central Business District meeting was held regarding the lighting
problems on the old Super Valu parking lot. The CBD requested two
additional poles to be added to the lot with the costs to be assessed
over a two year period. Reasons given were: 1) The lot should be
comparable to the lighting at Commerce Square, and 2) The cost of
doing two poles at this time was less expensive than havi.ng to add a
light at a later time.
SECTION 8 MEETING
Delori's Schwalbe administers the Section 8 program for Mound, Minnetrista,
St. Bonifacius and Spring Park. Section 8 is a rental assistance program
for Iow income people. Dee does a good job in administering the program.
However, we have the following concerns:
1. The expenses for running the program are exceeding the
reimbursement received.
2.. Regulations for the program are increasing.
3. Future cuts in federal funding may reduce the reimburse-
ment paid to us.
4. The majority of other cities have the Met Council
administer the program.
Delores and I met with a representative of .the Met Council to discuss our
concerns. They stated they are looking into hiring a person to handle
some duties presently done by Deloris and the other cities. Also, at
this time'the Met Coucnil staffing requirements are full. We agreed to
FINANCE DEPARTMENT MAY REPORT
JUNE 3, 1987
PAGE 2
wait until this fall to see what affect the Met Council hiring does to the
Section 8 time for Dee. Then we will reassess the program to determine
whether we believe the city should continue administering the program.
The Council must pass a resolution to get out of the Section 8 program.
INVESTMENTS
The following is May investment activities:
Balance 5-1-87
Bought:
$7,108,131
TR Notes 7.15 'Due 11-15-88 Dain 319,998
CD 6.9 Due 7-31-87 St. Bank - Mound 100,000
CD 6.9 Due 8- 3-87 St. Bank - Mound 175,OO0
CP 7.0 Due 8-28-87 Piper 249,808
Repo 6.63 Due 6- 4-87 Marquette 170,000
CP 7.5 Due 9-25-87 Piper 469,854
Repo 6.75 Due 6- 1-87 Marquette 180,O00
Matured:
Repo 6.4 Ma rquette (300, O00)
CP 6. O Ma rquette ( 1 OO, OOO)
CP 6.2 Piper (199,594)
CD 6.5 Ma rquet te (290,682)
CD 5.9 Marquette (180,OOO)
CP 6.18 Piper (150,470)
CP 6.16 Dain (313,588)
BA 5.81 Dain (194,518)
BALANCE 5-31-87 $7,043,939
JN:ls
'K OU D
75 YEARS
5341 MAYWOOD ROAD MOUND, MN 55364 ' (612) 472-1155
June 2, 1987
TO:
ED SHUKLE, CITY HANAGER
AND CITY COUNCIL
FROM:
JOEL KRUMM, LIQUOR STORE MANAGER
RE:
MAY, 1987 MONTHLY.REPORT
Sales for the ~onth of May were $78,866. Sales for the month of May last
year were $80,547. We had one less business day in May of this year,
compared to May of last year. Thus, if you compare sales figures in this
manner, we were almost even with May of 1986. To date this year, sales
are $307,799. Last year we were at $299,061.
We were open again on Memorial Day this year. Last year on Memorial Day
our sales ran slightly over $2000. This Memorial Day we had an eleven
hundred dollar day. The large discrepency between the two years had to
do with the weather. Last year on Memorial Day the weather cooperated.
We had a partly cloudy day with the temperature in the low 80's. This
Memorial Day it rained. Not a very condusive day for boating and picnic
activities.
The State Legislature in all their infinite wisdom, decided that in order
to raise revenues, they were going to put the onus on the tobacco and
liquor industries again and again and again. As far as I am concerned,
the liquor business is carrying more than its share of the load when it
comes to generating tax dollars. Unfortunately, the public gets in such
a snit these days anytime you mention the word dr!nking. Ultimately, we
become the scapegoats. We are looked upon as the bad guys. What they
fail to realize when they enact these continuous far reachi, ng decisions
is that there are individuals involved here. They are toying with peoples
lives and futures.
Some recent government actions passed along to us have been: 1) The
added State Sales tax of 8½% put on liquor, wine.and beer back in the
early 80's; 2). The Federal Excise Tax increase of October 1985 levied
on'distilled spirits; 3) The State raising the minimum drinking age to
21 last year to comply with threats by the Federal Government to cut
state highway funds. (I still maintain that if you can join one of our
armed services at the age of 18, and possibly die for our country, you
should be able to drink doing so.); 4) And finally the recent action
by Minnesota's Legislature to increase the taxes on alcoholic beverages
in the state.
LIQUOR STORE MONTHLY REPORT .-
JUNE 2, 1987
PAGE 2
oO
The costs to this industry are staggering. They have stopped nickel and
diming us to death and are going straight for the juggler. So you can
bet the next time our government needs to balance its budget, it will
be us they will come looking for.
JK:ls
75 YEARS
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
June 3, 1987
TO: Ed Shukle
City Manager
FROM: Joyce Nelson
Recycling Eoordinator
SUBJECT: May's Recycling
Last month Supercycle counted the number of stops they made during
their curbside pickup. 357 stops were made or 12 percent of the
household in Mound are recycling. During curbside pickup 9.41
tons of material were picked up and on the third Saturday 3.37
tons of material were brought to the drop-off site. On the average
each homeowner recycles about 52 lbs. per month. I know some
do more and some do less.
In May we had the tire recycling outfit out again to pickup used
tires. 257 tires were picked up and 1 tractor tire.
Westonka Chamber of Commerce will for $10.00 put my recycling
brochure in their Welcome bags. These bags are handed out to
any new resident in Mound.
May's total pickup was 12.78 tons.
/ 72.
75 YEARS
&mli~ ~ k ~kmdF
5341 MAYVVOOD ROAD MOUND, MN 55364 (612) 472-1155
June 3, 1987
TO:
FROM:
SUBJECT:
Ed Shukle
City Manager
Greg Skinner
Water & Sewer Supt.
MaY's Activity Report
WATER DEPT.
In May we pumped 29,323,000 gallons, there were 4 new accounts, 1 water
main break, 7 turn-offs for non-payment, 999 meters read out of 1022,
57 final readings and 13 outside readers installed.
May was a very dry month and with it came alot of lawn sprinkling.
Seems like everyone watered at the same time. Had only 1 problem with
keeping up with the demand. The first one was Well #6 did not start up
when it was suppose to causing the.expansion joint at the 75,000 tower
to loosen up (due to low pressure in the tower). The interconnect was
opened between Mound and Spring Park for about 4 hours. This helped
bring the pressure back up to normal. We have a new warning lite and
horn at Well #6 now. Seems that the old lite could not be seen thru the
trees. Have been busy with new construction, new Public Works Facility
and the County Road 15 project.
With the new homesand remodeling of existing houses Jan and myself have
been finding quite a few old private wells. I have been in contact with
the State of Minnesota and they will be working with us to have the wells
either brought up to code or sealed up. Letter Will be sent to these
residents who have wells.
SEWER DEPT.
May kept"the Sewer Dept. busy flushing wet wells and sewer line maintenance.
No back-ups were reported. Have been working with the plumbing inspector
and Jan regarding grease that is being dumped into the sewer line by
Happy Gardens Restaurant in Three Points. We are requesting that they
install a grease trap to prevent this from happening again.
75 YEARS
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
June 3, 1987
TO:
Ed Shukle
City Manager
FROM: Geno Hoff
Street Supt.
SUBJECT:
May's Activity Report
We started to patch watermain.breaks the 4th of May. We had a total of
11 Breaks this year, which is about half of what we usually have. All
of the patches have been repaired. Materials used were 45 tons of hot
mix and 10 tons of 3/4 dust base.
We have started to get ready for sealcoating. The CBD parking lot
located west of the Coast to Coast and Mike Muellers building was in
bad shape. We skin patched about half of it and hand patched the rest.
Materials used 39 tons of hot mix and 150 gallons of tac oil.
We had some cement work done this month, sidewalk and steps at City
Hall, sidewalk at the Booster Station, curb and apron on Three Points
Blvd., curb work on Noble Ln. Total cost $2,915.O0, Lyckholm Construction
did the work.
We had some backhoe work done on the storm sewers cn Setter Circle and
Deerwood Ln. We had the street sweepers out for 4 days doing some spot
sweeping also.
CEbIETERY
Staked out 3 g~aves and 5 markers.
EQUIPMENT REPAIR
One of t~e old dumptrucksneeded~a clutch and some transmission work
done cost was $850.00, Gary's Diesel did the work, also we had some
front end work done on one of the newer Fords.
/z 22'
MATERIALS PURCHASED & HAULED
Hot mix - ]40 tons
1½" & 3/4" red rock - 31 tons
Sand for Parks - 77.7 tons
Buckshot - 75.6 tons
Tac oil - 654 Gallons
STREET SIGNS
Installed 5 No parking Any Time, 2 Stop signs and 1 No Dumping
75 YEARS
5341 MAYWOOD ROAD MOUND, MN 55364 (612) 472-1155
June 5, 1987
TO: Ed Shuk~e
City°Manager
FROM: Greg Bergquist
Mechanic
SUBJECT: May's Activity Report
May. was basically a typical spring month. For the shop the bulk of
time was spent on preparing equipment for warm weather work such as
the sweepers (repair and maintenance), oil distributor and trucks
for patching and watermain break repair, blacktop roller, trailer
'and all other supplemental equipment used to preform the required
repairs. Along with these is the Park Dept. equipment, lawn mowers,
small dump truck and all accompanying equipment.
in other matters we had to bring one of our older truck #16 to Gary's
Diesel Service to install a new clutch and a used fuel tank, our
shop is not equipped co handle a job of this size.
Normal service was preformed on squads and water and sewer vehicles.
Metropolitan Council
300 5.,:etro Square Building
Seventh and Robert Street.~
St. Paul, Minnesota 5510
Telephone (612) 291-6359
May 26, 1987
TO: Local Government Key Contact
The Metropolitan Council would like your help. We'd like to invite your
organization to participate in ~he Council's current strategic planning
process, an effort to develop a broadly shared yision for the future of the
Twin Cities Region..We intend to open a dialoEhe that will b~ing together the
ideas of many citizeHs of the region, including local governments, business,
labor, nonprofit organizations, civic groups and groups with special needs.
The enclosed invitation explains our aims and lists a number of potential, long-
range concerns for the region the Council has identified. We hope you'll take
the time to give us feedback on the list of conce.-ns. We need to know whether
you think these concerns are important future regional issues, whether our
focus is sharp enough, and whether we may have missed some important areas
altogether.
To obtain your ideas, a Council member or I am available to meet with your
community's officials. Please call Guy Peterson of the Council staff, at 291-
6527, to make arrangements. If you prefer, you can communicate with us in
writing.
Sincerely,
Steve Keefe
Chair
Enclosure
Metropolitan Council of the Twin Cities Area
300 Metro Square Building, 7th and Robert Streets
St. Paul, Minnesota 55101 Tel. 6i2 291-6359/TDD 29i-0904
May 18, 1987
TO:
FROM:
SUBJECT:
Metropolitan Area Local Officials and Citizens
Steve Keefe, Metropolitan Council Chair
An Invitation to Participate in Planning for the Region's Futur%
Decisions about our physical systems and h~n services are being made right
now that will shape the region we live in by the year 2000 and beyond. When ~e
make these decisions--about water quality, transit, long-term'care, housing--we
are affecting ou~ future. Solving today's problems requires that we have a
better idea of where we're going in order to know what we should do now.
As a result, the Metropolitan Council has stepped up its strategic planning
work this year. Our aim is to develop, with your help, a broadly shared vision
of the region's future, and to use it as a framework for making today's
decisions without precluding our future options. This "vision" doesn't mean a
planned city of the future or anything like that. It's not to plan how people
will live their lives, but to keep our options open and be prepared for
different contingencies. This approach has kept us strong and versatile in the
past.
To work, a regional vision must be shared broadly. It must reflect what many
different segments of our population want. If our aim is to ensure that the
government services people want are there in the next 20 to 30 years, we need
to know now what kinds of lives we'll want to be living then.
An important part of the Council's work over the next few years will be to
work with others in the region to discover and present various possibilities
and options. What kinds of jobs will be needed? What kinds of lifestyles will
people Want? What kind of education? We plan to work with many citizens of
the region, including local governments, business, labor, nonprofit
organizations, civic groups and groups with special needs. As we develop a
shared concept of just what it is that people want for the region, we can make
decisions aimed at creating it.
At strategic planning retreats in March and May, the Council raised a number
of potential long-range concerns for the region. The list is broad, covering
everything from our prized quality of life--especially as it affects the
region's human resources--to financial resources for the infrastructure, to
preparing for another energy crisis. We hope you and your organization will
take time to give the Council feedback on this initial list of concerns
identified'at the retreat (which are not in any special order):
-2-
e
Quality of life, especially as ib affects the region's human resources.
Seen as one of the region's greatest assets now and into the future.
Possible areas of focus:
Health services.
Services to older people.
Arts offerings, services and programs.
Effective delivery of h,,m~n services, including less fragmentation
among services, clearer access points, and coordination with physica~
systems; e.g., low-income housing and transportation.
Increased family e~xpectations for schools and pressure for schools to
assume new roles~~'~'~
Vitality of the regional economy.
Possible areas oF focus:
Implications of service sector-oriented economy.
Productivity issues, especially in view of demographic trends.
Coping with global economic competition.
Anticipating the impacts of technology.
A more systematic, long-range look into social ills.
Possible areas of focus:
Analysis of the cost effectiveness of various integrating strategies
for dealing with social ills considering the effects of all government
systems from education and training to income maintenance to health
care to economic development·
Approaches to cost control based on problem prevention.
Fiscal planning to pay for long-term infrastructure before baby boomers
reach retirement age.
Possible areas of focus:
Financial resources for infrastructure may be more available during
next 20 years than after 2010.
Need to promote maintenance vs. expansion given likely slowdown in
regional development.
Helping communities plan more integrated, long-range strategies to
address infrastructure issues.
Water management (ground and surface water).
Possible areas of focus:
Nonpoint sources of pollution (e.g., urban runoff, agricultural
runoff): how much is the public willing to pay?
I~paot on the Twin Cities of potential water shortages in the
southwest.
Issues associated with federal water quality peri,its and possible
impacts on development.
-3-
e
e
Groundwater pollution from solid waste disposal, including impacts
beyond the metro area.
Jurisdictional issues among public agencies in water management.
Effect of cultural values in the way different age groups use water
(e.g., for lawns, showers).
Affordable housing.
Possible areas of focus:
- Evaluate what works and what doesn't (e.g., Section 8 subsidized
housing voucher program).
_ Monitoring of housing programs, such as private sector compliance with
federal requirements for tenants with lower incomes.
_ Affordability for "working poor" with incomes Just above subsidy '
levels.
- Changin~ ho~sing demand and market conditions related to demographics
and other factors.
Long-term care costs for the baby-boom population.
Possible areas of focus:
Fiscal planning, given future large elderly population.
New strategies to reduce future demands on long-term care system.
Transportation.
Possible areas of focus:
- Attitudes regarding tolerable levels of congestion and the costs to
reduce that congestion.
- What are the real development and life style goals the transportation
system must achieve?
- What impact congestion has on the achieving of those goals.
- Impact in the Twin Cities of increased energy costs in event of a
shortage.
- Importance of international travel via the airport.
- Alternative technology solutions to transportation issues; e.g.,
substituting telecommunications for transportation.
®
Coming energy crisis.
Possible areas of focus:
- Anticipating when and how large an energy crisis the region may face.
Contingency planning, especially related to regional systems.
. Impacts on development; i.e., current development decisions do not
include consideration for a potential energy shortage.
- Impacts on suburbs.
10. Job retraining.
Possible areas of focus:
W~t works/what doesn't.
Who's providing retraining in public and private sectors, and how much
of need is being met? Coordination? Overlap?
-4-
Special issues related to disadvantaged populations.
Concept of investment in human capital.
What will the need be over the next 20 years?
11. Disintegration of communities.
Possible areas of focus:
12. Segregation of people in communities.
Who is moving in and out of the cities, and how are the moves related
to changes in household formation?
Impacts of transiency and the resulting breakdown of informal support
systems for elderly, children. Possible demands for increased formal
services to com~a~e.
Impacts of magnet schools and busing.
Growing scarcity of volunteers due to .transiency, two-worker families,
single-pareMt families.
When will central city problems show up in first-ring suburbs?
Possible areas of focus:
Elderly housing.
Concentration of minorities in certain neighborhoods.
Concentration of low-income populations.
13. Strategic planning. Possible areas of focus:
Long-term viability of the region.
Value differences among generations and their impacts on people's
attitudes and behaviors; e.g., different demands for services.
Urban design issues; e.g., planning for reuse of buildings, designing
facilities for an older population (especially in inner-ring suburbs),
designing transportation as well as buildings for extreme climate,
changes in development patterns to reflect different economic/energy
conditions.
Anticipating technological change and its impacts, such as new
ve~e~mm~.~t~ono technology.
Other items discussed at the retreat and possibly related to.one or more of the
above concerns include:
Heroic medical care.
AIDS.
Twin Cities issues in relation to the rural crisis.
Creating/maintaining a stable tax base.
Governmental financing incentives and disincentives to solve public policy
problems.
Concerns about solid waste policy direction given undeveloped parts of
system ~uch as recycling and composting.
DC2392
POADM1
~{0UAqD ADVISORY PARK C0~,~SSION b~ETING
MAY 14, 1987
Present were: Vic~ChairmanLowell Swenson; Cormuissioners Shirley Andersen,
Cathy Bailey, Marilyn Byrnes, Dolores Maas; Council Representative Phyllis
Jessen; Park Director Jim Fackler; Dock Inspector Dell Rudolph and Secretary
Marge Stutsman. Absent and excused were Chair Nancy Clough, Corauissioners
Andy Gearhart, Cheryl Burns and Linda Panetta.
Also present were the following interested persons: Cheryl Stallman, Joy Ander-
son, Greg Kohl, Don Riis, Don A. Perry, Dell Perry, Donna M. Vance, Marshall
Weber, Leo J. Wallis, Ken Weber, Janice Weber, Holly Lovseth, Bruce Johnson and
Douglas Hage.
MINUTES
The minutes of the Park Con~uission meeting of April 9, 1987 were presented for
consideration. Bailey moved and Byrnes seconded a motion to accept the minutes
as. written. The vote was unanimously in favor. ~
Problem of ballg hittinq parked cars by Swenson Park
Joy Anderson and Cheryl Stallman asked that a change be made in how the diamond
was set up for softball played at Swenson Park. Cars have been damaged by balls
hitting them and the problem seems to be intensified this year; they have t%'o
dents in a new car now. They thought hard balls were also being used.
The Park Director stated the solution maybe to put a canopy over the backstop;
there is a problem of Northern States Power Company has a line only 2 feet above _.
the backstop.
Ms. Stallman also commented on parking problem by players and/or spectators
parking in front of driveways and they cannot get out when an emergency call
comes in (Mr. Stallman is a Volunteer Fireman).
The Park Director stated he would talk with Jim Glascoe about the use of hard
balls and parking in drive%~ys. He has talked with NSP about moving the power
line and stated perhaps next year a canopy could be put up.
Byrnes moved and Maas seconded a motion to recommend having a sign posted
prohibiting the use of hard balls for safety reasons and asking the Police to
swing by and check out parking on that street periodically. The vote was
unanimously in favor·
Jessen moved and Bailey seconded a motion to request Park Director to budget
fOr canvas for a canopy in next year's budget· The vote was unanimously in
favor·
Dredqe of Jenninqs Bay Channel
ThePark Director, Jim Fackler, went over some points regarding dredging Jennings
Bay (Dove Channel). An amended application to the Department of Natural Resources
%ci!l take two months· He explained that Area 1 on the map (Bluebird and Canary)
has a combination of private dockage and some con~uons docks; Area 2 is strictly
commons docks (101 with 6 renewing their docks; Area 3 is private lakesh6re and
Area 4 is basically private. Fackler commented that material would still have
to be disposed of on City property and that they may hzve located a possible area
to put material on (a large area off of Lake Langdcn); he thought it %Could work
Park Con~nission Minutes
May 14, 1987 - Page 2
off easily through'marsh area and into Lake L~ngdon.
After the Con~nission asked several questions, the Chairman opened the meeting
for any con~nents or questions from the audience.
Holly Lovseth questioned how high the figures for the dredge were. Fackler
stated estimated cost ~-as $69,560. and that we're looking for other companies
to get bids from. Ken Weber stated he had gotten a bid of $53,000 for a 6,000
cubic yard dredge. It %fas discussed that bids/estimates were based on v~rious
factors and there were differences in how they were bid, etc. Have to get speci-
fications so all are bidding on the same thing.
Leo Wallis questioned who is going to pay for what. City has $10,000 budgeted
for the dredge. Fackler stated there will be other costs such as legal and
engineering fees and mentioned that.the DNR rego.~Lends riprapping dredge which
would add more. Marshall Weber mentioned that'Lake Minneton~a is not likely to
be higher for s~veral years as the Watershed is getting pressure from people
along the creek that %rant %rater in the creek. Greg Kohl questioned why Area 4
can't be connected into Area 3. It w~s explained area between'is.a wildlife
marsh land and the Watershed won't allow any dredging there. Ken Weber stated
he thought if you stay a%ray from the cattail line, the DNR wouldn't object.
The suggestions for action were discussed; also the alternative of only doing
Areas 1 and 2. The Dock Inspector questioned if we can justify this kind of ex-
penditure for the commons docks. Marshall Weber thought 18 of 20 persons could
be accommodated if areas 1 and 2 were done. Dell feels City could assign the
con,on dock holders elsewhere. It %fas discussed that the number of docks does
not w~rrant the large expenditure. Don Perry suggested getting dredge set up
for a winter job and perhaps w~ter would be down more and there would be more
bidders. The Chairman closed the discussion.
Jessen moved and Maas seconded a motion to recommend that the con, on dock
holders be relocated for this year~ The vote was unanimously in favor.
Jessen stated she would get the Council's feeling on appropriating additional
funds for the Jennings Bay dredge. .
The Pa~k Commission tabled and took no further action at this time.
Re-instatement of dock sites for 1987
The Dock Inspector, Dell Rudolph, explained that Bruce Johnson on Island View
Drive and Donna Vance on Brighton B0ulexrard were present relative to having
their dock spaces re-instated for this year and that he would recommend the re-
instatement.
Bailey moved and Maas seconded a motion to allow the re-instatement of the
2 dock permits conditioned on their paying the fees with the additional $20
late fee 'and further conditioned that docks not be issued next year if appli-
cations not in on time. The vote %fas unanimously in favor.
Park equipment replacement plan to beqin for budoet process for 1988
The Park Director explained this is on agenda as a reminder of handout of pre-
vious meeting (March) of what you want to see done in the parks'in 1988 and
Park Con~nission Minutes
~ay 14, 1987 - Page 3 ~
**~= follu,,,,~ 4 or 5 years. He suggested t~=* be_t%,een now and ne×t m~et~ncs.
the Commission go dger the material. He stated the figLtre we are projecting
for play equipment would be about $25,000. Staff to remind Commission on agenda.
In response to question about the bench for downtown, Jim stated it had been
ordered (cost about $600) and also lights for Mound Bay Park to light flag and
front deck area of depot (cost about $620). Bench will be installed on ..t~vnwood
on southeast corner of Commerce ~nd Lynwood; City only o%~s 8 feet there and
bench will be along side%-alk. The Co~nission suggested taking pictures when
completed and sending with a thank you note to the Lions.
Dock survey update
Fackler advised that only 7 of the 14 cities have responded and he ~ants to
wait until he has more information back. He will call cities for the informa-
tion if not back soon and have a report for the June meeting.
Dock fees for 1988 .-
Fackler stated that 'this is just a reminder to be thinking about what they
should be for 1988 and to come up with some guidelines to use.
Black Lake Channel dredqe progress report
Fackler stated they had toured the area, the worst portion is when you come to
Shannon where the commons docks are. He explained there are approximately 20
docks there and the estimate is about $10,000. The southern part as you come
into channel is all private and a lot of area residents have signed petition
and sent it to the Mayor. They are putting together drawings and getting permits;
he explained this is a maintenance dredge and wholly different from Jennings; "
there is a lot less to take out and it will be dredged from land.
Request for purchase of Park property - Lots 5 and 21, Block 28, Seton
The Park Director explained that the land requested to be purchased by Mr.
Lister %~s nice wooded area and stated he'd be reluctant to give up any property
abutting park land. The Commission discussed the request and questioned why
Mr. Lister needs this land.
Bailey moved and Jessen seconded a motion to recon~nend we deny request for
the land purchase for lack of information. The vote %~s unanimously in favor.
Property in Block 12, Arden
Fackler stated he received a request from a local builder to purchase Lots 8, 9,
25 and 26 in Block 12, Arden. He said it %~s a nice flat area with a beautiful
view (needs some tree trimming) and recommended it as a perfect area for a tot
lotl The Commission discussed whether a tot lot ~as needed and suggested they
do a study to see whether it would be used. No action %~s taken.
Reports
The Council Representative Phyllis Jessen reported the Council is having bid
specifications prepared for RFP (Request for Proposal) for concept of Country
Inn on Lost Lake.
The Dock Inspector Dell Rudolph reported on status of docks, of the 58 new appli-
cations this year, 20 ~ere ne~ abutting property o%.~ers. There were 24 new
assignments, 18 %.~ere satisfied with sharing; 408 docks registered and 14 persons
cancelled because they couldn't get located %~here they %,~nted (mostly from Island
View area)'. No~ have 100 docks shared. /~ gy
Park Commission Minutes
May 14, 1987 - Page 4
Dell Rudol~n reported that Jim and his cra%- put ~n ~=~ feat ~ .... c- . ..........
They have created area on Carl~{ for one more dock. He is proposing to transfer
one dock holder so that when ~v~nt abutting lot is developed in the future,
he %{ill have a space for that property owner.
Also, Dell put discussion of the 4 dock sites on Sinclair access on agenda be-
cause he thought City might want to add some fill along this wetlands to make
dock area accessible. He said there was a high demand for docks in this area
of the City. Fackler explained this wetlands is not type controlled by DNR, but
does fall under City Wetlands Ordinance and City could approve filling portion
of area. Neighbor does have a small area that needs filling, but if he didn't
want to cooperate, City could fill around leaving the hole and still have a walk-
%~y access down to the lake.~ He stated we'd need a survey (cost approximately
$500) to'find where property markers are. He stated we have opportunities to get
good clean clay fill for projects such as this. The Commission discussed and
questioned if these docks would be available to:anyone or jus~ to property oWners
on Sinclair. Docks %~ould be open to any Mound ~esident unlesg Council designated.
Ordinance change.. Commission discussed the limited parkin~ in that area.
Rudolph commented he will send letter toD ova Lane dock holders'offering to have
them share docks on Woodland Point or get a dock fee refund. The dredge was dis-
cussed briefly and that area originally wasn't lakeshore before the dredge; and
how do you justify that kind of expense.
Cormuissioner Bailey reported that John O'Brien had died and the Cu~ission con-
curred 'that it would benice if a card be sent from the Cu~ission. She agreed
to send the card.
Swenson reported Nancy Clough asked him to see if Commission wanted another tour
and suggested going to Wayzata. Wayzata has obtained private financing of their
Park. They were agreeable to a Wayzata Park tour and discussed various parks
in various communities commenting that they didn't have the same restrictions,
etc. as Lost Lake with it being a part of Lake Minnetonka.
Adjournment
Bailey moved and Byrnes seconded a motion to adjourn the meeting at 10:20 p.m.
Ail were in favor, so meeting was adjourned.
800
-CZ ~' Ir'
0-1 :,,:::: : i,: x, ~ ~~a,~Z '0 -t
oo
n~ ~ · ~ ~ ·
~ n
~ Illllll
o ~
FIRST CLASS
U S POSTAGE
PAID
' St Paul.
PERMIT NO 3-
League
Edward Shukle, Jr.
Mgr.
5341 Maywood Road
of Minnesota CitiesMot-~, ~
5:.5364
An update
of legislative and
congressional actions
affect, ing cities
May 1987
Final
League of Minnesota Cities, 183 University Avenue East, St. Paul,
Includ~'ng reviews of melropohlan area issues
by the Association of Metropohtan Mun~clpalilies
MN '55101, (612) 227-5600
WHERE TO GET LEGISLATIVE INFORMATION
To get a copy of a bill, call, write, or stop in...
House Chief Clerk's Office - 296-2314
Rm. 211,St~teCapitol, St. Paul 55155
Secretary of Senate's Office - 296-2343
Rm. 231, State Capitol, St. Paul 55155
To find out a bill's status, authors, companion, committee referral (by bill number, author, or topic)...
House Index - 296-6646
Rm. 211, State Capitol, St. Paul 55155
Senate Index - 296-2887
Rm. 231, State Capitol, St. Paul 55155
To receive weekly committee schedules, bill introductions, and summaries of committee and floor action,
call to get on the mailing list...
House Information Office - 296-2146
175 State Office Bldg., St. Paul 55155
Senate Information Office - 296-0504
Rm. 29B, State Capitol, St. Paul 55155 .
To hear a recording of the. following day's committee schedule ahd agenda, call aftei' 4:30 p.m...
"House Call'' (House committee schedule) - 296-9283
Senate Hotline (Senate committee schedule) - 296-8088
To reach a member on the House or Senate floor...
House Sergeant at Arms - 2964860
Senate Page Desk - 2964159
To no.tify the governor's office of your concerns...
Governor Rudy Perpich - 296-3391
Rm. 130, State Capitol, St. Paul 55155
To contact League of Minnesota Cities legislative staff...
227-5600, 183 University Ave. E., St. Paul, MN 55101
Joel Jamnik (environment, personnel, public safety, general government)
Laurie Hacking (LGA, taxes, finance)
Stanley Peskar (pensions, personnel, public safety)
Helen 5chendel (elections)
Donald Slater (development tools)
Sarah Hackett (legislative assistant)
Steve Yurek (legislative assistant)
Ralph Pribble (LINUS network)
To contact
AMM lobbyists...
227-56O0
Vern Peterson, AMM Executive Director
Roger Peterson, Director of Legislative Affairs
The League is available to answer your questions on legislation relating to cities.
RULE: All area codes are 612
The 1 987 Legis!a/,'ve Bulletin, No. 1, January 9, contains House and Senate members, room and phone
numbers, committee assignments, and committee chairmen and phone numbers.
The League of ~,~innesota Cities publishes the Legislati]'e Bulletin weekly during the Legislative session.
Subscriptions: members - $15; non-members - $30. Contact: Rose Minke, League of Minnesota Cities, 183
University Ave. E., St. Paul, MN 551 0l. Donald Slater, Executive Director; Jean Mehle, Editor.
Highlights
LMC Cities Bulletin~ FINAL -. June 1~ 1987
COURTS ..........................................................
CRIMES ..........................................................
ECONOMIC DEVELOPMENT ............................................
ELECTIONS .......................................................
ENVIRONMENT .....................................................
FINANCE .........................................................
FINANCE AND REVENUE
Local government aid .................................. 25
Levy limits ........................................... 25
Small business transition credit ...................... 27
Homestead classification chang~ for 1988 .............. 27
County income maintenance disparity aid .... ' ........... 28
Effects on cities of 1988 property tax changes ........ 28
1989 property tax reforms ............................. 31
Classification changes ................................. 31
Homestead credit replaced by aid program in 1989 ...... 33
Property tax refund ................................... 34
Property tax administration ........................... 35
Miscellaneous property tax changes .................... 36
Tax exempt property ................................... 36
Sales tax ............................................. 37
Budget reserve ........................................ 37
Insurance taxes ....................................... 38
Gross earnings taxes .................................. 38
Deed tax .............................................. 38
Local gambling tax .................................... 39
Tobacco, liquor, and miscellaneous taxes .............. 39
Minerals .............................................. 39
GENERAL
GOVERNMENT ..............................................
LIQUOR ..........................................................
METROPOLITAN .....................................................
PERSONNEL .......................................................
PUBLIC SAFETY '
RETIREMENT AND PENSIONS
SPECIAL LEGISLATION .............................................
TRANSPORTATION ..................................................
1
5
?
9
24
10
14
15
15
18
19
22
2~
EDITOR>S NOTE : The editor and staff at the League really do know
the difference between an apostrophe "'" and a greater-than symbol
">". It's our computer that gets confused. Our apologies for not
catching the error on the first six pages of this Bulletin.
LAWS 1987
The following is a summary of new laws of interest to cities which
the 1987 Legislature passed. The summaries are in topic order. In
most cases we have referenced omnibus bills under several
categories when appropriate. For example, portions of the
appropriations bill summary appear under several topic headings.
The tax bill is mostly under one category at the end of the
summaries.
If chapter numbers were available we have included them. Man~
bills are still on the governor>s desk awaiting his signaturez
Because we have not bee'n working off of the revisor>s final
versions o~ the bills, readers should be aware that errors are
possible. Please notify the League staff of any errors or
omissions. The League will publish an update of these summaries in
the Minnesota Cities magazine after the governor signs all the
bills.
COURTS
Limitations on personal liability of directors. Chapter 33 (H.F.
202) allows a fraternal benefit association or a non-profit
corporation to eliminate or limit a director>s personal liability.
The director could not be held immune for: 1) a breach of the
director>s duty of loyalty to the corporation or its stockholders
or members; 2) acts or omissions not in good faith or that involve
intentional misconduct; 3) a transaction from which the director
derived an improper personal benefit; or 4) an act or omission
occurring prior to the date when the provision limiting or
eliminating liability becomes effective. Effective 4/18/87.
Indemnification for punitive damages. Chapter 79 (S.F. 53) allows
any municipality to procure insurance for punitive damages and
requires a municipality to defend and indemnify any of its officers
and employees for damages, including punitive damages if the
officer or employee was: 1) acting in the performance of the ·
duties of the position; and 2) not guilty of malfeasance in office,
willful neglect of duty, or bad faith. Different effective dates.
Prosecution: Gross misdemeanors. Chapter 59 (S.F. 59) makes the
prosecutor responsible for misdemeanor violations of boating while
intoxicated violations also responsible for gross misdemeanor
violations. Effective 8/1/87.
Information relating to previous DWI convictions. Chapter 136
~ ~ iminal history information
(H.F. 6!6) requires a court to fuon~sh cr
without charge to an attorney prosecuting a gross misdemeanor DWI
upon ~equest of the attorney. Violation of a condition on a
limited license is a misdemeanor. Effective 5/15/87.
Omnibus insurance bill: Immunity for volunteer coaches. Chapter
(S.F. 478) grants immunity from liability for acts or omissions in
providing services without compensation as an athletic coach,
manager, or official for a sports team. Immunity from liability
does not apply: 1) to the extent that the omissions are covered
under an insurance policy; 2) if the individual acts in a willful
and wanton or reckless manner; 3) if the acts or omissions arise
out of the maintenance or use of a motor vehicle; 4) to an
individual who provides services as part of a public or private
educational institution>s athletic program; and 5) if the
individual acts in violation of federal, state, or local law.
Effective 8/1/87.
Waiver of ~overnmental limits. Chapter (H.F. 1083) a '
municipality>s-procurement of insurance waives only governmental
liability ~imits to the extent of the liability stated in the
policy. A municipality cannot waive any defenses.or immunities
through the procurement of liability insurance. Effective 8/1/87.
Public nuisances. Chapter (H.F. 1209) defines a public nuisance
as any of the following acts committed or knowingly permitted to
occur in a building: 1) acts of prostitution; 2) acts of gambling;
or.3) the operation of a disorderly house. Conclusive evidence of
a public nuisance would be found if there were 1) three or more
misdemeanor convictions or two or more gross misdemeanor or felony
convictions within two years for acts of prostitution or gambling
or 2) two or more convictions for operating a disorderly house.
The municipality would have the authority on the granting of a
permanent injunction to sell all moveable property used in
conducting or maintaining the nuisance. The proceeds of the sale
go to the city to the extent of the expenses incurred and any
excess will go to the owner ~of the property. Effective 8/1/87.
Prosecution of certain sross misdemeanors. Chapter (H.F. 384)'
requires cities of the first, second, and third class to prosecute
gross misdemeanor violations of dama~ge to property, theft, and
financial card fraud. Effective 8/1/87.
Rebuttal for prosecuting attorneys. Chapter (H.F. 137) allows
the prosecution to reply in. rebuttal if the court determines that
the defense has made in its closing argument a misstatement of law
or fact or a statement that is inflammatory or prejudicial.
Effective 8/1/87.
CRIMES
DWI application to highway workers. Chapter 63 (S.F. 324) removes
the exemptions regarding alcohol or controlled substance violations
by persons engaged in work upon highways. Effective 8/1/87.
Use of police radios. Chapter 111 (S.F. 605) makes it a felony to
use a 'police radio while committing or attempting to commit a
felony. Effective 8/1/87.'
Violation of local DWI ordinance. Chapter 123 (H.F. 427) includes
the violation of a local DWI orminance in the determination for
revocation of a person>s drivers license. Juvenile traffic
violations must be reported to the department of public safety.
Effective 8/1/87.
Use of false name. Chapter 127 (H.F. 555) makes it a misdemeanor
for a person to give a false or fictitious name, date of birth, or
altered identification card to a peace officer, when the officer is
making inquiries incident to a lawful investigatory stop or lawful
arrest. Effective 8/1/87.
Killin~.~or injuring a .police dog. Chapter 167 (H.F. 941) ma~es it
a felony £or a person to intentionally and without justification
cause the'death of a police dog when the dog is involved in a law
enforcement investigation or apprehension. It is a gross
misdemeanor to cause substantial or great bodily harm to a police
dog. Effective 8/1/87.
Mandatory blood or urine test. Chapter (H.F. 690) requires a
blood or urine test when a peace officer has probable cause to
believe there'is impairment by a controlled substance that is not
subject to testing by a breath test. Effective 8/1/87.
ECONOMIC DEVELOPMENT
Low-income housin~ credits. Chapter (H.F. 508) allows a city
or county to designate its housing and redevelopment authority as
the agency to receive reserved low-income housing credits on behalf
of the city or county. Effective day after enactment.
Economic development act. Chapter (S.F. 1) began as the rural
development bill and blossomed into a $39 million dollar package
with programs affecting rural Minnesota; distressed areas in
central cities; the Iron Range; and the agriculture, forestry, and
mineral industries.
The law creates a rural development board under the Department of~
Energy and Economic Development (DEED). DEED has a new name, the
Department of Trade and Economic Development (DTED) in another law.
The rural~development board>s purpose is to promote rural
development in the state, primarily through a challenge grant
program to match private fgundation grants for farm-related pilot
projects for rural development.
The act creates a ,,greater Minnesota corporation" to serve as a
pool for public and private investment capital. Its charge is to
encourage the development of new products and services through
research, funding, and services to businesses. Its initial funding
is $13 million.
The law establishes the Minnesota Public Finance Authority which
will in the long term make loans to local governments for a variety
of infrastructure projects. Initially, it will concentrate
primarily on the state wastewater treatment construction grants
program and health care equipment. The authority will have the
power to enter into contracts; accept and receive gifts, grants,
loans, and other property; acquire property; contract for services;
make loans and grants; set and collect fees; and issue bonds.
The act creates a community development division in DTED with
responsibility for state community development and assistance
programs including the main street program, the community
improvement program, and the community development corporation
assistance program. :
It also creates a targeted neighborhood revitalization and
financing program for certain Minneapolis and St. Paul
neighborhoods and provides $9 million in state financing.
Under the law, the Department of Natural Resources will receive $1
million for specified minerals programs and $1.75 million for
forestry assistance programs.
The commissioner of Iron Range Resources and Rehabilitation Board
will get an appropriation of $4 million for economic development
projects and programs.
The act authorizes the job skills partnership to make educational
grants to fund training programs in rural areas, and establishes a
supplemental education grant program for displaced rural workers.
Development bond allocation. Chapter (H.F. 529), the omnibus
tax bill, devotes Article 16 to revising the state bond allocation
system necessitated by federal volume limits. The act retains the
competitive pool and entitlement features of last Year>s allocation
system.
It divides up the estimated $213 million of bonding authority as
follows: $74 million for manufacturing in a competitive pool; $30
million for multifamily housing in a competitive pool; $21 million
for public facilities in a'competitive pool; $50 million for the
Minnesota Housing Finance Agency (MHFA)as an entitlement; $20
million for Minneapolis as an entitlement; $15 million for St.
Paul as an entitlement; and $3 million for Duluth as an
entitlement. If the actual amount varies from the estimate, these
allocations will change proportionately.
Entitlement amounts are subject to forfeiture after the last Mond~
in August of each year. If an entity forfeits prior to the last
Monday in October, the amounts are reall~cated through the
multifamily housing pool, except for manzfacturing~entitlements
which transfer to the manufacturing pool. If forfeited after the
last Monday in October, the amounts will ~o into the unified pool.
Enterprise zones. Chapter (Omnibus Tax Bill)
requires participating municipalities (other than first class
cities) to submit a multiyear enterprise zone tax credit
distribution plan within 90 days of the passage of this act. The
plan must specify the maximum amount of tax credits that previously
approved businesses are eligible to receive in the remaining years
for which they are authorized. Similar plans must be submitted
with each application from businesses that have not previously
received enterprise zone credits.
The law extends the maximum time period for tax reductions in
border city enterprise zones (except Duluth) from five years to
seven years. The act gives the commissioner of energy and egonomic
development authority .to allocate,.on a per capita basis, an
additional $~ million for tax reductions to border cities that wre
not in first class cities.
Enterprise zone tax reductions are no longer available for: 1)
retail food and beverage services, auto sales or service,
recreation or entertainment, golf courses and country clubs,
massage parlors, tennis, skating, racquet sports, tanning
facilities, or racetracks; 2) property of a public utility; 3)
property of a financial institution; 4) property of a fraternal or
veteran>s organization; 5) a business franchise operating under an
agreement that the business must be located in the state. (Retail
food/beverage, auto sales or service, and franchise business are
permissible in border city enterprise zones.)
The commissioner of energy and economic development will also have
authority to allocate, on a per capita basis, an additional $2
million for tax reductions in border city enterprise zones (other
than Duluth).
Local public development law recodification. Chapter (S.F. 170)
recodifies Minnesota statutes relating to housing and redevelopment
authorities, municipal development districts and tax increment
financing, rural development finance authorities, enterprise zones,
mined underground space development, and local public development
bonding. It delays the sunsetting of the bond allocation law until
July 1, 1988.
ELECTIONS
Eligible use of name. Chapter 39 (H.F. 312) repeals the
availability of a person to use husband>s name on a ballot,
nominating petition, or affidavit of candidacy. Effective. 8/1/87.
Election dates. Chapter 62 (S.F.248) requires a municipality that
~ecides to hold a municipal primary to hold the primary no later
than six weeks before the general election. A person interested in
runn£ng for elected office must submit an affidavit of candidacy
than ten weeks nor less than eight weeks before the /~
not
more
municipal primary or befQre the municipal election if there is n
municipal primary. These provisions apply to school district
elections that occur on the same day as a state, county, or
municipal election. The filing dates do not apply to any home rule
charter city whose charter provides for earlier filing dates.
Effective 8/1/87.
Combinin~ municipalities for election purposes. Chapter (H.F.
230) authorizes up to four contiguous municipalities outside the
metropolitan area that are in the same legislative, congressional,
and county commissioner district to enter into a combination
agreement to form one precinct for state and county elections. All
All of the interested governing bodies must approve a resolution
agreeing to the combination agreemen~ by the second Tuesday in.
March of an election year and the county auditor-must approve it on
or before Nay 1 of an election year. The agreement must designate
the polling place, the governing body, and municipal election
officials responsible for carrying out the election duties. At
least one election judge must be from each municipality in the
combined precinct.
A town having fewer than 400 registered voters and not located .in a
metropolitan county may apply to the county auditor to provide
· balloting by mail for any county or state election.
Redistricting. Chapter (S.F.397) prohibits cities which elect
council members by wards to redistrict those wards in a year ending
in a one or before the Legislature has been redistricted in a year
ending in a two. The wards must be redistricted within 45 days
after redistricting of the Legislature or by May 10 in the year
ending in two, whichever is first. Effective 8/1/87.
Precinct caucus dates. Chapter (H.F.1327) changes the time of
the precinct party caucus to 7:30 p.m. on the fourth Tuesday in
February. Nominations for delegates and officers shall remain open
for. at least the first quarter hour of the caucus and election of
these positions must begin within one hour of convening a caucus.
Effective 1/1/88.
Mail elections. Chapter (H.F.281) permits municipalities to
submit questions to voters Solely through mail ballots. The
municipality cannot ask more than two questions and must give
notice of the ballot procedure six weeks prior to the election.
Effective 8/1/87 through 3/30/89.
Voter registration system. Chapter (H.F.523) establishes a
statewide computerized voter registration system to link county
systems with a central data base of registered voters and to
facilitate registration. Registration cards will be available in
state income tax forms or booklets, and registration will be a part
of driver>s license and identification card applications. The
office of the secretary of state is responsible for implementation
of the. system and $1,053,500 is appropriated for implementation and
administration. Effective.8/1/87.
mandates disclosRre of contributions or donations of more than $100
for legislative or statewide candidates or ballot questions in any
one year (replaces $50). The law limits candidates' expenditures
for state Senate to $15,000 and state House of Representatives to
$7,500, with future limits adjumted by the consumer price index.
Effective 8/1/87.
Party preference indicator required. Chapter (H.F.638) requires
a party preference indicator for primary elections for punch Qard
devices. Requires that tabulating equipment reject all votes cast
in primary elections by voters for candidates other than one chosen
from party indicator. Requires partisan primary ballot booklets be
printed in purple, orange, or buff. The chairs of the major
political parties shall randomly choose from among those colors
which will then be permanently assigned to that party. Effectiv~
Election procedures. Chapter 175 (H.F. 334) requires a person
asking to inspect voter registration files or for a list of voters
to provide identification to the public official in custody of the
registration files. The law prohibits a person from using such
information for purposes unrelated to elections, political
activities, or law enforcement. Only one set of absentee ballots'
can be mailed to an applicant for any election. A candidate who
fails to pay the filing fee with an affidavit of candidacy because
of insufficient funds has five days to pay the filing fee.
Effective 8/1/87.
ENVIRONMENT
Use of chlordane or heptachlor. Chapter 82 (S.F. 345) prohibits
the use of the pesticide chlordane or its derivative heptachlor
within the state. Effective 8/1/87.
Transfer of solid waste programs. Chapter , Section 136 (H.F.
1315) transfers the technical and financial portions involved with
managing solid waste, to the waste management board from the
pollution control agency. Effective 8/1/87.
Pesticide regulation. Chapter , Sections 43-82 (S.F. 1516)
establishes state regulation of pesticides and pre-empts local
regulation except for pesticide application warning ordinances. A
city would be able to enact an ordinance containing the information
in the statutory sample ordinance, plus its own licensing, penalty,
and enforcement provisions. A city would not be able enact an
ordinance that contains more restrictive pesticide application
warning information than is contained in the statute. Effective
8/1/87.
Wastewater treatment grants. Chapter (H.F. 1030) authorizes an
appropriation of up to $1,500,000 for capital cost component grants
to municipalities who have a service contract with a private vendor
for constructing and operating wastewater treatment facilities.
The law contains up to $1,000,000 for grants to municipalities to
upgrade or replace individual septic systems. It also provides up
to $1,000,000 for grants to municipalities for upgrading or
correcting wastewater treatment facilities that have failed to meet
performance standards. Effective 8/1/87.
Both Chapter (S.F. 1) and Chapter (H.F 919) also have
provisions dealing with wastewater treatment. These bills change
the.state independent grants program to authorize grants for
projects for 50 percent or, if the population of the municipality
is 25,000 or less, 80 percent of the eligible cost of construction
of wastewater treatment facilities. Grants are available in
separate steps for planning and design in addition to actual
construction.
Not more than 20 percent of the grants :could go to a single grantee
until December 31', 1990. The law requires that at least 10 percent
of the money each year be for municipalities having substantial
economic development projects that they cannot complete without the
wastewater treatment improvements. An extra five percent grant is
available for municipalities which proceed with projects and seek
reimbursement in a subsequent year.
The capital bonding bill provides an additional $47 million of
state assistance.
Clean water partnersh%p program. Chapter (H.F. 887) creates
the clean water partnership program for the control of non-point
source water pollution under the pollution control agency. The act
appropriates $1,352,500 for grants to local units of government to
help defray the costs of an assessment of waters that have been or
have a high potential for water pollution due to non-point sources.
Effective 8/1/87.
PCA authority to issue penalties. Chapter 174 (H.F. 332)
authorizes the pollution control agency to issue administrative
orders and penalties for hazardous waste violations. Effective
8/1/87.
Organized collection and antitrust. Chapter (H.F. 794), the
waste management act amendments for 1987, contain several
provisions affecting cities. 'Most notable is a provision that
protects cities from federal and state antitrust lawsuits by giving
express state authority for cities to organize refuse collection as
a municipal service or with one or more collectors by ordinance,
franchise, license, or contract. The act allows cities to employ
flow control procedures and regulations to ensure delivery to
specified facilities. Prior to adopting any of these mechanisms
for organizing refuse collection, cities must give 90 days notice,
hold a public hearing, and follow other specified procedures.
In addition, city fees on operators of dispcsal facilities can
increase from 15 to 25 cents per cubic yard of waste 0. r its
equivalent. The city must use proceeds from the ~o~ ~^~ landfill
abatement or compensation and mitigation for the costs and adverse
effects of landfills and other disposal facilities.
Another section of the bill prohibits the disposal of lead acid
batterie~ or u~e~ oll in ~oli~ waste ~a~illtles a~ter January 1,
1988 unless PCA authorizes the disposal. It also provides grants,
market development, and technical assistance for waste management
activities; reguires the creation of a household hazardous waste
management program; and authorizes grants to counties for permanent
local recycling programs in the metropolitan area administered by
the metropolitan council. (These grants are for new activities or
to enhance or increase the effectiveness of existing activities so
it shouldn't interfere with existing city recycling programs.
Another condition of the grants is that counties provide support to
maintain effective municipal recycling where it is already in .
existence.)
FINANCE
Bond interest rates, public sales, miscellaneous public finance
amendments. Chapter (S.F. 971) makes many changes to state laws
governing the procedures and restrictions applicable to the
issuance of debt.
The law eliminates all interest rate restrictions on any type of
debt obligation cities issue from warrants to general obligation
bonds. It also eliminates interest rate limitations on special
assessments. Special assessments may now bear interest at a rate
determined by the council in its levying resolution, even if the
city finances the improvement out of the city general fund. The
League urges appropriate use of the newly granted flexibility for
both obligations and assessments because the Legislature will act
quickly to cure any perceived abuses.
The city may, by resolution, authorize special assessment repayment
variations such as unequal installments. Cities may also establish
revolving funds for sewer and water projects with separate
construction and debt service accounts in the fund. The act
extends the authorization to issue variable rate obligations from
cities with an "A" or better rating and a population of more than
10,000 to any city over 7,500 with an A rating or better. It also
authOrizes interest rate swap agreements and loosens the rules on
advanced refunding.
The act increases the amount of bonds a city can issue without
following the public sale requirements. Currently a governmental
unit can issue up to $300,000 in any three-month period without
going to a public sale. The law now allows sales of up to
$1,200,00.0 in any !2-month period. Again, the League cautions that
cities use this new flexibility responsibly and that in all
financing situations city councils review the terms and conditions
of the agreements to determine whether the interest rate and other
terms are competitive and fair.
10
GENERAL GOVERNMENT
Use of architects, engineers, land surveyors, and landscape
architects. Chapter 8 (S.F. 208) removes the exception to having a
license to practice for public works or improvements that cost
under $100,000. Effective 8/1/87.
Maintenance of cemeteries. Chapter 18 (H.F.364) increases from
$15,000 to $25,000 per acre the amount of funds municipalities can
use for the maintenance and improvement of a cemetery. Effective
8/1/87.
Compensation of city park boards. Chapter 21 (S.F. 306) removes the
$100 limitation on the amount of compensation the governing body of
a statutory city can authorize for memb%rs of the city's park '
board. Effective' 8/1/87.
Qualified newspapers. Chapter 30 (S.F. 403) requires a newspaper
that is not qualified to publish public notices to inform a public
body of such, when a public bOdy p[esents it with a public notice
for publication. Effective 8/1/87.
Annexation: Tax adjustments. Chapter 50 (S.F. 725) removes the
limitations on tax adjustments related to annexations. Effective
8/1/87.
Discharge of charter commissions. Chapter 51 (S.F. 1067) allows a
charter commission by a vote of three-fourths of its members to
discharge itself if the charter commission determines that a
charter is not necessary or desirable. Effective 8/1/87.
Eminent domain: Relocation benefits. Chapter 80 (S.F. 296)
requires an acquiring authority to provide a written response
within 30 days of an eminent domain proceeding to the individual or
organization initiating a request for relocation benefits.
Effective 8/1/87.
Compensation for civil service board members/advertising
appropriations. Chapter (H.F. 345) removes the limits on
compensation for civil service board members and authorizes the
city council to determine the 'amount of compensation. The act
expands the authorization to appropriate money for the purpose of
advertising the city to cities of the second class and third class.
Effective 8/1/87.
Town powers. Chapter 90 (S.F. 225) authorizes the electors of each
town at a town's annual meeting to grant the town board the power
to provide for a specific activity that is within any of the
following categories: 1) the government and good order of the town;
2) the suppression of vice and immorality; 3) the prevention of
crime; 4) the protection of public and private property; 5) the
benefit of residence, trade, and commerce; 6) the promotion of
11
health, safetk-, order, and convenience; and 7) the 9eneral welfare.
Effective 8/1/8-7.
Vending machine inspection fees. Chapter 58 (H.F. 469) prohibits
an authorized city or county from imposing an inspection or license
fee greater than the state inspection fee of $15 for food vending
machines and $5 for nut vending machines. Effective 7/1/87.
Lawful ~amblin~. Chapter (H.F. 169) expands the definition of
lawful purpose to include the payment of taxes imposed on receipts
from lawful gambling. The act increases the limit on the use of
profits from lawful gambling by five percent to 55 percent for
bingo and 45 percent for other forms of lawful gambling. The law
gives the charitable gambling board additional powers to enforce
the charitable gambling laws through the use of administrative
hearings and judicial enforcement. The act eases the regulation~
for bingo to allow no more' than six bingo occasions each week (was
two). An organization that leases any premises that it owns to two
or more organizations may conduct no more than 18 bingo occasions
(was four) in any week. Income a licensed organization receives
from the rental of a premises it owns is not a gambling proceed.
A city or county cannot require an organization to make specific
expenditures of more than 10 percent of its net profits derived
from lawful gambling or require an organization to make an
expenditure to the local unit as a condition to operate within the
city or county, except as allowed by statute for local
investigation fees and taxes. Effective 6/1/87.
Cancer surveillance system. Chapter , Article 2, Sections 9-12
(H.F. 243 human services appropriation bill) appropriates
$1,400,000 and provides for the establishment of a statewide
population-based cancer surveillance system to monitor incidence
trends of cancer, to detect potential public health problems,
predict risks, and assist in investigating cancer clusters.
Effective day after final enactment.
Community dispute resolution program grants. Chapter 117 (S.F.
1204)' authorizes the state, a city, or a county to contract with or
make grants to a person for the furnishing of community dispute
resolution program services. Effective 5/15/87.
Special assessments for highway sound barriers. Chapter 138 (H.F.
867) authorizes the levying of special assessments to acquire,
reconstruct, improve, alter, extend, or maintain highway sound
barriers. Effective 8/1/87.
Towns: Organization and dissolution. Chapter 147 (H.F. 1444)
requires that a majority of the registered voters in the town sign
a petition for organization or dissolution of a town and that such
petition be delivered to the town clerk at least 60 days befor~ a
ragular or special election. The county must bear the costs of the
et~ction. Effective 8/1/87.
/
12
County authority to charge service fees. Chapter 164 (H.F. 502)
authorizes a county to charge a fee for services that county
employees perform. The county board can determine the amount of
the fee unless statutes specify otherwise. The fee must be
reasonably related to the cost of providing the service. Effective
8/1/87.
Data practices. Chapter (H.F. 534) prohibits a public entity
from charging a fee for making public data available for
inspection. However, a public entity may charge for the costs of
collecting and copying data. The act classifies certain
governmental agencies data. Different effective dates.
Open meeting--notice required. Chapter (S.F. 1272) requires a
public body to keep a schedule of its regular meetings on file at
its primary offices and if there are any changes it must give
notice as required for a special meeting.
oo
For a special meeting a public body must post written notice of the
date, time, place, and purpose of the meeting on the principal
bulletin board of the public body's offices or on the door of its
usual meeting room three days before the special meeting. The
public body must mail notice to each person who has filed a written
request for notice of special meetings or publish the notice once,
at least three days before the meeting. A public body may
establish an expiration date for requests for notices of special
meet'ings. If the body establishes an expiration date, it must
notify each person who filed a request for notice 60 days before
the date of expiration.
An emergency meeting is a special meeting called because of
circumstances that, in the judgment of the public body, require
immediate consideration by the public body. A public body must
make a good faith effort to provide notice of emergency meetings to
each news medium that has filed a written request for notice if the
request includes the news medium's telephone number. If the body
discusses or acts on matters not directly related to:the emergency
at an emergency meeting, the minutes of the meeting shall include a
specific description of the matters.
A recessed or continued meeting does not require additional notice
unless the time and place of the continued meeting was not
announced during the previous.'meeting. If a person receives actual
notice of a meeting at least 24 hours before the meeting, all
notice requirements are satisfied regardless of the method of
receipt of such notice. No fine or penalty may be imposed on a
member of a public body for violation of these notice provisions
unless such violation was willful and deliberate. Effective
8/1/87.
State fi~e code: Local boards of appeal. Chapter 201 (H.F. 1563)
allows local governing bodies to appoint boards of appeal to hear
and rule on appeals of state fire code orders. Board decisions
~ou!d be appealable to the local governing body. If ~he local
13
governing body doesn°~ appo~-" ~^=-~ ~ appeals the ~"~"~ :~-
code orders are ~ppealable directly to the local governing body.
Effective 8/1/87.
Energy loans. Chapter (H.F. 1326) authorizes the issuance of
loans ko mun~clpal~e~ for energy eonserva%ion investments.
Effective 8/1/87.
Eminent domain: Authority to compel delivery. Chapter (H.F.
1252) gives a court that has jurisdiction over an eminent domain
proceeding the authority to issue an order compelling the delivery
of possession of the property in question. If the occupant of the
property acted in bad faith the court may award attorney fees,
costs, and disbursements incurred by the petitioner in gaining
possession of the property. Effective day after enactment.
Eminent domain: Appraisal'fees. Chapter (S.F. 368) increases
the maximum amDu~t of appraisal fees that can be paid to a property
owner in an eminent domain proceeding to $500 from $300. Effective
8/1/87.
Manufactured homes. Chapter (H.F. 574) requires a municipality
to mail notice at least 10 days before a public hearing if 1) the
planned conversion or closure of a manufactured home park requires
a variance or zoning change, or 2) the owner of the park submits a
closure statement expressing the intent to close the manufactured
home park. The park owner must give the municipality the list of
the names and addresses of at least one resident of each home in
the park. The municipality must review the closure statement and
any impact that the park closing may have on the displaced
residents and the park owner. The governing body may require the
park owner to make relocation payments to displaced residents prior
to allowing a change in use or closure of the park. The
municipality may also provide additional compensation to residents
to mitigate the adverse financial impact of the park closing upon
the residents. Effective 8/1/87.
Local public health act. Chapter (S.F. 1041) requires a city or
county to undertake the responsibilities of a board of health or
establish a board of health. A city may ask the county or a joint
powers board to undertake the responsibilities of a board of health
within the city's jurisdiction. The board is able to employ
medical consultants, acquire property, accept funds, collect fees,
enter into contracts, conduct investigations to control
communicable diseases, and remove and abate public health
nuisances.
A county board has the authority to adopt ordinances for all or
part of its jurisdiction to regulate animals, unwholesome
substances, waste, water, offensive trades, and other public h~alth
nuisances. The governing body of a city or town may adopt
ordinances related to public health as long as they are not in
conflict with or less restrictive than the county ordinances.
14
If a city or county fails to establish a local board of health the
commissioner of. health can establish a temporary board and set the
board's compensation. The city or county would have to pay that
amount. The commissioner can delegate licensing and inspection
duties to the local board of health.
The local unit may establish a community health board if a local
health board has a population of 30,000 or more within its
jurisdiction. A community health board has the same powers and
duties as a local board of health, as well as the general
responsibility for development and maintenance of an integrated
system of community health services. Effective 8/1/87.
LIQUOR
On-sale licenses for bowlin~ centers. Chapter 5 (S.F. 211) '
authorizes a cit~ to issue on-sale intoxicating and
non-intoxicat{ng liquor licenses to bowling centers. A bowling
center could also get a Sunday liquor license. Effective 3/19/87.
On-sale intoxicatin~ malt liquor.· Chapter 27 (S.F. 128) allows a
municipality by ordinance to authorize a holder of an on-sale wine
license and non-intoxicating malt liquor license, whose gross
receipts are at least 60 percent attributable to the sale of food~
to sell intoxicating malt liquor at on-sale without an additional
license. Effective 8/1/87.
County seasonal intoxicatin~ liquor licenses. Chapter 29 (S.F.
291) allows the county board to issue up to 10 seasonal on-sale
licenses for the sale of intoxicating liquor to restaurants or
clubs within the area of the county that is unorganized or
unincorporated. Effective 4/18/87.
Assigned risk plan premiums. Chapter 107 (S.F. 1313) requires a
minimum amount of coverage under the assigned risk plan. The
premiums of the assigned risk plan must be actuarially sound and
based upon claims reported and losses paid. Effective 8/1/87.
Liquor liability: Dram shop act. Chapter 152 (H.F. 285) removes
the criminal liability of a liquor licensee for acts caused by an
employee authorized to sell alcoholic beverages and repeals the
presumed damages in the case of death section under civil
liability. Certain 1985 amendments to the dram shop act which the
courts disapproved of are re-enacted. Different effective dates.
Items for sale in exclusive liquor stores. Chapter (S.F. 1114)
expands the items eligible to be sold in an exclusive liquor store
to cork extraction devices, and books and videos on the use of
alcoholic beverages in the preparation of food. The act prohibits
coin-operated devices in establishments licensed solely for the
off-sale of intoxicating liquor. Such devices must be confined to
the on-sale area in establishments licensed for both off-sale and
on-sale of intoxicating liquor. Effective 8/1/87.
15
Temporary off-s~le licenses. Chapter (H.F. 294) authorizes a
city to issue a temporary off-sale license for the sale of vintage
wine at an auction. Effective day following enactment.
METROPOLITAN
Local ordinances related to aircraft noise. Chapter 155 (H.F. 755)
authorizes municipalities within aircraft noise zones to adopt and
enforce ordinances and controls to regulate building construction
methods and materials for the purpose of reducing aircraft noise.
Effective 5/16/87.
PERSONNEL :
Minimum wa~e.o Chapter (H.F. 3) raises the state minimum wage
for employees' 18 years of age or older of 1) federally covered
employers to $3.55 an hour beginning January 1, 1988; $3.85 an hour
beginning January 1, 1989; and $3.95 an hour beginning January 1,
1990, and 2) state-covered employers to $3.50 an hour beginning
January 1, 1988; $3.65 an hour beginning January 1, 1989; and $3.80
an hour beginning January 1, 1990. The state minimum wage for
employees under 18 years of age of 1) federally covered employers
to $3.20 an hour beginning January 1, 1988; $3.47 an hour beginning
January 1, 1989; and $3.56 an hour beginning January 1, 1990, and
2) state-covered employers $3.15 an hour beginning January 1, 1988;
$3.29 an hour beginning January 1,1989; and $3.42 an hour beginning
January 1, 1990. Effective 1/1/88.
Work activities of handicapped individuals. Chapter 22 (S.F. 529)
exempts handicapped people working under the work activities
program from state minimum wage requirements. Effective 8/1/87.
Disabled individuals. Chapter 23 (H.F. 369) expands the definition'
of ~ disability to include sensory impairment. Effective 8/1/87.
Regulation of certain employment terminations. Chapter 76 (H.F.
823) prohibits any employer in Minnesota from discharging,
disciplining, threatening, discriminating, or penalizing an
employee regarding the employee's compensation, terms, conditions,
location, or privileges of employment because the employee reports
or refuses to participate in an activity that the employee believes
is a violation of any federal or state law. An employee who has
been involuntarily terminated may request in writing, within five
days of such termination, that the employer infor~ the employee of
the reason for the termination. The employer has five days to
inform the employee in writing of the truthful reason for the
termination. Effective 8/1/87.
Parental leave. Chapter (H.F. 234) establishes mandatory
unpaid leave of absences up to six weeks, for an employee who has
been employed by an employer (employer means a person or entity
/7 y
16
that employs 21 or more employees at a single site) for at least 12
months and who Us the natural or adoptive parent of a newly born or
adopted child. The employer can adopt reasonable rules governing
the timing of requests for unpaid leave. The employer must make
insurance coverage available to the employee while on leave of
absence, however, the employer does not need to pay the costs of
such coverage. The employee would be entitled to return to work in
the employee's former position or in a position of comparable
duties, number of hours, and pay.
Disabled people--unfair employment practice. Chapter 129 (H.F.
580) changes the determination of whether an accommodation would
impose an undue hardship by removing the presumption of undue
hardship for accommodations costing over $50. Local commissions
must advise a party bringing a charge of unfair employment practice
under a local ordinance of the party's rights and remedies under
the State Human ~ights Ac~. Effective°8/1/87. '
Statewide insurance ~lan. Chapter , Section 89 (H.F. 1315)
creates a statewide Insurance plan to provide public employees with
life insurance and hospital, medical, and dental benefit coverage.
The exclusive representative Will determine whether employees will
participate in the plan for represented employees. The employer
will make this determination for non-represented employees. Upon
election the employer must give the commissioner of human services
a list of the eligible employees and other information the
commissioner requests. The payment of the premiums for coverage
would be subject to collective bargaining. Effective 7/1/87.
Veterans' preference hearing costs. Chapter , Section 154
(H.F. 1315) requires that the affected political subdivision bear
all the costs incurred by the commissioner in providing a veterans'
preference hearing. Effective 8/1/87.
Unemployment compensation reform. Chapter (H.F. 715) converts
the current unemployment system to a wage detail system based upon
quarters rather than weeks by January 1, 1988. To qualify for
unemployment benefits a person must earn at least $1,250 dollars in
the base period (with at least $1,000 in one quarter). This is
lower than the previous requirement of 15 weeks at' $110 dollars per
week. The requalification period for a person disqualified from
benefits is four calendar weeks and eight times the person's weekly
benefit amount. Previously it was four calendar weeks and four
times the person's weekly benefit amount. The waiting week payment
will be $20 instead of the previous full Weekly benefit amount. A
claimant will be allowed ~o earn up to $25 or 25 percent of the
wages earned,' whichever is greater, without having the earnings
deducted from the claimant's benefits. Different effective dates.
Unemployment compensation--volunteer firefi~hters. Chapter (H.F.
14) makes wages volunteer firefighters or volunteer ambulance
service personnel earn non-deductable from unemployment benefits.
The employer of volunteer firefighters or volunteer ambulance
service personnel will not be responsible for unemployment benefits
if the employer continues to provide emDlovment on the same basis
it did in the b~se period. Effective 8/~/8~.
Workers' compensation reform. Chapter (H.F. 913) reforms the
administrative procedures of the workers' compensation system to
help expedite certain proceedings. Different effective dates.
Drug testing. Chapter (H.F. 42) prohibits an employer from
requesting or requiring an employee or job applicant to undergo
drug or alcohol testing unless the testing is done pursuant to a
written drug and alcohol testing policy and conducted by a
state-licensed testing laboratory. A request or requirement that
an employee or job applicant undergo drug or alcohol testing cannot
be on an arbitrary or capricious basis. An employer may request or
require a job applicant to undergo drug or alcohol testing only if
the employer has conditionally offered the job to the applicant 9nd
the employer requests the same test of ~all job applicants. '
An employer m~y request or require an employee to undergo drug and
alcohol testing as part of a routine physical examination only once
each year and the employee must receive at least two week's written
notice of the employer's intent to conduct such a test. An
employer may only request or require employees in safety-sensitive
positions to undergo drug and alcohol testing on a random selection
basis. An employer may require a drug or alcohol test if the
employer has a reasonable suspicion that the employee: 1) is under
the influence of drugs; 2) has violated the employer's written
rules prohibiting the use, possession, sale, or transfer of drugs;
3) has sustained a personal injury or has caused another employee
to sustain a personal injury; and 4) has caused a work-related
injury.
An employer must have a written drug and alcohol testing policy
before requiring employees to undergo drug tests. The written
policy must at least contain the following information: 1) the
employees or job applicants subject to testing under the policy; 2)
the circumstances under which drug or alcohol testing may be
requested or required; 3) the right of an employee or job applicant
t~ refuse to undergo drug and alcohol testing and the consequences
of refusal; 4) any disciplinary or other adverse personnel action
that may be taken based on a confirmatory test verifying a positive
test result on an initial screening test; 5) the right of an
employee or job applicant to explain a positive test result on a
confirmatory test or request and pay for a confirmatory retest; and
6) any other appeal procedures available. Effective 9/1/87.
Severance pa~% Chapter (H.F. 247) excludes from the definition
of severance pay accumulated vacation and sick leave amounts paid
in the form of periodic contributions for group insurance policies
for former employees between the ages of 54 and 66. The effect is
that the leave equivalent payments could exceed the equivalent.of
o~e year of salary and could be payable over a period of time
exceeding five years. The use of accumulated sick leave to make
periodic contributions toward premiums for group insurance policies
18
that a governmental entity provides for a former employee cannot
exceed 10 years from the date of termination or retirement and
cannot continue past the age of 65.
PUBLIC SAFETY
Limitations on exercising peace officer powers. Chapter (H.F.
1312) allows only licensed peace officers to use a marked motor
vehicle to stop a moving vehicle, except 1) for maintenance
purposes; 2) during a skills course approved by the POST board;.3)
to transport prisoners or equipment; or 4) when a reserve officer
is providing supplementary assistance at the direction of the chief
law enforcement officer when a licensed peace officer is on duty
Within the political subdivision. Only a licensed peace officer
may 1) issue a citation in lieu of arrest or continued detention
unless specifically authorized by ordinance; 2) ask a person ·
receiving a citMtion to give a written promise to appear in court;
or 3) take a. person into custody. A person who impersonates a
peace officer is guilty of misdemeanor. Effective 8/1/87.
Minimum 911 service. Chapter 56 (H.F. 839) requires that a local
emergency telephone service have an automatic location
identification if the public safety answering point has the
capability of providing that service. Effective' 8/1/87.
Traffic enforcement--marked vehicles. Chapter 162 (H.F. 217)
allows the chief of police of a city or the sheriff of a county to
authorize the use of specially marked vehicles for use in the
enforcement of traffic laws. A specially marked vehicle is one
that is marked only with the shield of the city or county and the
name of the proper authority on the right front door of the
vehicle. First class cities may not exceed 10 percent of the total
number of the vehicles they use in traffic enforcement in specially
marked vehicles. A city or county that uses fewer than 11 vehicles
in traffic law enforcement may only have one specially marked
vehicle. Effective 8/1/87.
Inspection for regulated tires. Chapter 112 (S.F. 607) authorizes
a peace officer to stop a passenger automobile when the officer has
reasonable cause to believe that the automobile is equipped with
tires in violation of the law. Effective 8/1/87.
Cost of peace officer training courses. Chapter , Section 131
(S.F. 1516) removes the tuition exemption for peace officers
attending any training school that the bureau of criminal
apprehension-or the peace officer training board provides.
Effective 8/1/87.
Pipeline' safety act. Chapter (S.F. 90) gives the
environmental quality board (EQB) the authority to regulate the
siting of pipelines unless federal law pre-empts this section.
Once the EQB issues a pipeline routing permit, it pre-empts all
local regulations. The act establishes an on-call ex'cavation
19
notice system to notify owners or operators of underground
facilities of planned excavactions. A local governmental unit that
issues excavation permits must display an excavator's and
operator's notice at the location where it issues the permits and
it must give a copy of the notice to each person obtaining a permit
for excavation. The law creates a state office of pipeline safety
to regulate and enforce pipelines within the state.
Every city, town, and county that has planning and zoning authority
and has a pipeline within its borders, must adopt a pipeline
setback ordinance by August 1, 1989. The pipeline ordinance must
meet or exceed the minimum standards of the model ordinance. If
the local unit doesn't enact an ordinance the model ordinance will
apply.
A local unit of government having a pipeline within its
jUrisdiction must prepare.a pipeline release emergency response
plan, and review it annualy to reflect changes in the operation of
the pipeline 'Sr other matters related to pipeline safety.
Different effective dates. ~
Peace officers benefit fund. Chapter (S.F. 587) includes in the
list of people eligible for benefits from the peace officers
benefit fund any driver or attendant with a licensed basic or ..
advanced life support transportation service who is engaged in
providing emergencY care. Effective 8/1/87.
RETIREMENT AND PENSIONS
Legal process in marital property divisions. Chapter 157 (H.F.
940) specifies that public pension interests are not exempt from
legal process for marital property divisions and requires public
pension plans to provide the court and parties to a marriage
dissolution action with information regarding pension benefits or
rights of the plan member upon written request by the member.
Effective 8/1/87.
Pre-1973 retirees. Chapter , Section 52 (H.F. 1315)
appropriates $10,899,000 from the general fund to pay pre-1973
public employee retirees a supplemental lump sum payment for 1988
and 1989 of $20 for each full year of allowable service credit.
Effective 8/1/87.
Fire state aid. Chapter , Section 90 (H.F. 1315) subtracts the
costs and expenses of the state auditor for audits and examinations
of 'firefighter relief associations from the amount of fire state
aid funds available for distribution. The act transfers $80,000
in both 1988 and 1989 to be subtracted proportionately according to
the total estimated costs of audits for each relief association.
Effective 8/1/87.
Voluntary consolidation of police ~nd fire relief associatiens.
certaiD relief as=oc~+ions, ......... inc!-~-~ ~o ...... n.,~..~ =~..=.=~i~hters
relief association, the Duluth police pension association, the St.
Paul fire department relief association, the St. Paul police relief
association, but excluding the Bloomington fire department or a
relief association that is a member of the Minnesota police pension
council or the Minnesota professional firefighters pension council.
For voluntary consolidation of a relief association to take place,
10 percent of the membership of a relief association or 30 percent
of the members of a relief association excluded above must sign' a
petition. Before consolidation could occur an actuary retained by
the Legislative Commission on Pensions and Retirement, the State
Board of Investment, and the PERA Police and Fire Fund would need
to conduct actuarial valuations and review investment portfolios of
the local relief association. The relief association would paY the
cost of the actuarial services. If the local munibipality gives
final approval, consolidation of the special fund would take place,
with the transfer of administration, assets, and liabilities of the
local relief association's special fund to PERA. If t.he relief
association has special benefits not included in the PERA benefits
the local municipality must provide for them separately. The
municipality must make regular employer contributions to the
PERA-P&F fund, as well as additional contributions for the portion
of the actuarial liability beyond the current assets not payable
from' member or regular municipal contributions, plus administrative
expenses and actuarial losses. These additional payments would be
due immediately upon notification by the PERA-P&F fund. Effective
after final enactment.
Definition of public employee. Chapter (H.F. 1213) excludes
from the definition of public employee any person who provides
professional services where such services amount to no more than 25
percent of a person's total annual gross earnings for all
professional duties. Effective day after final enactment.
Omnibus retirement bill. Chapter (H.F. 1159) is a
conglomerate pension bill with major impacts for cities, including:
Local ~olice and fire relief associations: The act permits
payments of association-related expenses of local police and fire
relief association officers (.including volunteers) in addition to
those of president, secretary, and treasurer. It limits payments
from special funds of local police and fire relief associations of
ancillary benefits (other than retirement benefits to members) to
those permitted by M.S. 424A.05, being survivor, disability, and
funeral benefits, plus charges of the Minnesota state fire
department association, the state volunteer firefighters benefit
association, and the administrative expenses of the relief
association. This is effective the day after enactment.
Tke act authorizes reduced vestin9 periods for paid fire and police
relief association members down to five years of serv.ice by
amendment of the local relief association bylaws. Such an
amendment requi~es city council approval. Upon adoption of the
reduced vesting plan, the association will provide pro rata (not to
exceed actual years of service divided by previous minimum number
of years to vest) pensions and survivor benefits for years of
service over five but less than the previous minimum, usually 20.
Post-retirement increases are the same percentage as applied to
full-service retirees. This part of the act is effective July 1,
1987.
PERA changes are numerous. First, the law authorizes creation of a
new correctional plan in PERA. Although coordinated with social
security, the benefits are more like those of the police and fire
fund than the coordinated plan benefits. Retirement benefits are
two percent of salary for the first 10 years, and 2.5 percent
thereafter applied to the high five years salary with a normal
retirement date of 55. Disability from the correctional positio~
rather than disability from gainful employment makes the member
eligible for ~ disability pension. Contribution rates are five
percent employee and five percent employer, with an 'adjustment in
rates after an actuarial valuation after commencement of the plan.
The act authorizes five counties--Hennepin, Ramsey, St. Louis,
Dakota, and Washington to permit their correctional employees to
come under this plan beginning July 1, 1988.
Ambulance retirement is another major portion of the act. It
authOrizes creation of a defined contribution retirement
plan within PERA for personnel of publicly operated and
publicly subsidized ambulance services. Although not defined,
ambulance personnel apparently include first responders and other
emergency medical personnel with basic and advanced life support
training or those volunteering for an ambulance service. The
governing body of the public entity operating the ambulance service
or the private corporation or individual (if subsidized) may elect
to offer this pension option but all such elections are
irrevocable. If the ambulance operator elects to participate
each volunteer or employee not covered by another public pension
plan may elect within 30 days to participate. New personnel have
30 days from starting to elect coverage.
Employer contributions must be a fixed percentage of salary
determined by the employer for salaried employees. The employer
may'assign a unit value for each call or drill and pay in that
amount for participating volunteers or largely uncompensated
personnel. Paid employees may make additional contributions up to
the amount of.the employer contribution.
Participating ambulance operators must make the plan uniformly
available, and make contribution payments with funds they may have
available for ambulance operation. The act does not provide new
funds. Funds that PERA receives must be credited to individual
member accounts. Each individual has a choice of investment
cptions within the plans the state board of investment operates,
under M.S. llA.17.
Normal retiremeDt age is 50. Sixty months of credit are necessary
to vest employer contributions in the employee or volunteer except
in the case of death (the heirs receive the individual's account).
Any employee contributions and earnings are immediately vested and
may be withdrawn upon termination of service. Termination after
vesting but before age 50'earns a deferred pension at age 50. No
disability benefits are payable. The retirement benefit is a lump.
sum or an annuity purchased from a Minnesota-licensed insurance
company. Forfeitures for failure to vest or for want of heirs are
credited against future required contributions of the employing
ambulance service. Benefits are portable from one ambulance
service to another if both participate. This portion of the act is
effective July 1, 1987.
Other provisions: Employees of the now-privatized Albany and Canby
community hospitals may elect refunds of employer and employee ·
contributions to'PERA plus six percent interest. No employer extra
contribution~ may be withdrawn from PERA.
The act reduces the period of employment for vesting in PERA to
five years from the former 10 years. Disability payments by PERA,
which formerly decreased by the amount of workers' compensation
payments, will as of July 1, 1987 not decrease except to the extent
the combined payments exceed salary at disability or current pay
for the same or a similar position. Additionally, the high five
successive years~in PERA'which is the basis for calculating a
pension may ignore periods of disability on workers' compensation
or include that period if the benefits would be higher. This part
is effective July 1, 1987.
General provisions forbid the state or other governmental units
from borrowing from public pension plans or using assets of one
plan to fund accrued liability in another plan.
Attorneys for public pension plans may request and receive opinions
on legal questions from the attorney general.
This conglomerate pension act also includes numerous special bills
and provisions applicable to teachers and others.
SPECIAL LEGISLATION
Ramsey County charter commission. Chapter 103 (S.F. 557)
authorizes the establishment of a charter commission for Ramsey
County.
Ramsey County: Court locations. Chapter 145 (H.F. 1371) requires
the county to hold regular terms of court at two locations outside
the city of St. Paul (New Brighton and Maplewood). The act
provides for court reimbursement of expenses to the cities of White
Bear Lake and North Saint Paul because of the change in court
locations.
TP~ANSPORTATION
Operation of snowmobiles. Chapter 89 (S.F. 183) allows a person
operating a snowmobile to make a direct crossing of a trunk, county
~a~e a~. or county h~ghway ~ the person has ~n ~mme~a~e
possession a valid motor vehicle operator's license. Effective
871/87.
Standards for special transportation service. Chapter 88 (H.F.
1009) imposes strict inspection and maintenance requirements on
providers of special transportation services and provides for at
least annual inspections by the commissioner of transportation.
Effective 8/1/87.
Regulation of motorized bicycles. Chapter (H.F. 532) makes it
illegal to operate a motorized bicycle with passengers and requi%es
all motorized, bicycles sold or offered for sale in Minnesota after
June 1, 1987'to be equipped with headlights. A motorized bicycle
when being operated within a city is entitled to the full use of a
traffic lane. The act prohibits motor vehicles from depriving the
bicycle of this use. Anyone operating a motorized bicycle on a
highway outside of a city's limits must use the paved portion of
the shoulder. The law prohibits use of a motorized bicycle on
bikeways or other lanes reserved for non-motorized traffic.
Effective 6/1/87.
/71,2_
24
As the 1987 Legislature convened last January, cities faced major
legislative challenges in the finance and revenue area. From
the beginning, maintaining sufficient funding for state property
tax relief programs appeared difficult given the over $800
million shortfall forecast for the biennium. This budget problem
was unfortunately the backdrop for discussions of major reforms
in the property tax system.
Adding to the already adverse legislative climate for cities,
many advocates for property tax reform frequently cited
"excessive" spending by local governments and a lack of local
accountability for that spending. The League countered such
claims with the release of two major studies, "The State of the
Cities, 1987" and "The 1986-87 City ~udget Survey," both of which
provided substantial evidence that loss of federal and state a~d
--not increased city spending-- have been forcing up city taxes.
Governor Perpich's property tax proposal seemed to put cities in
an even more defensive posture. The governor proposed a
fundamental realignment of the property tax system that would
have eliminated direct property tax relief programs for cities,
such as homestead credit and local government aid (LGA), and ~
would have substituted for those programs an "Education Credit"
to be used solely to reduce school tax burdens. In arguing for
his recommendations, the governor suggested that his plan would
"discourage excessive spending" by local governments, and make
"local services more dependent on local revenue sources and
locally elected officials."
As the starting point for legislative action, the governor's
budget and tax proposals called for an immediate $5 million cut
in 1987 LGA allocations and the imposition of the six percent
sales and motor vehicle excise tax on city purchases. The
Minnesota Department of Revenue argued that the sal.e tax proposal
would have only a slight impact on city budgets. To counter this
assertion and fight the proposal, the League conducted a special
surgey of cities and determined that the governor's proposal
would cost cities $32 million annually, double the cost assumed
by the revenue department.
Hard work by city officials helped the League and other city
lobbyists turn back some of these proposals. In response to
several League legislative action alerts, many city officials
personally contacted their legislators. The proposals that did
not get legislative approval included the governor's property tax
recommendations, large cuts in LGA, and the six percent sales tax
on cit~ purchases. Unfortunately, a stringent three percent levy
limit, which surfaced late in the session, did survive despite
the intensive lobbying efforts of many cities.
25
The new law freezes LGA payments to cities in 1988 and thereafter
at 1987 levels. However, the amount of LGA which cities will
receive in 1987 will be slightly lower (0.0013 percent lower)
than what they were certified to receive (as per August 1986
certification notices) because of provisions of the state
.'departments bill, H.F. 1315. Section 11 of that bill reduces
1987 LGA allocations by $218,100 and 1988 allocations by $217,900
to fund the government information function of the state
auditor's office. Section 16 of H.F. 1315 makes an additional
reduction in LGA: 1987 allocations will decrease by $201,100 and
1988 allocations by $205,800 to fund the costs of the Department
of Administration's local government records program and the
intergovernmental information systems activity. The effect will
be a reduction of 0.0013 percent in each city's 1987 and 1988
LGA payment. ..
The governd~'s original property tax proposal had called for a
reduction of approximately $5 million in 1987 LGA .-and an
elimination of the program in future years. The plan called for
elimination of the program by collapsing LGA funds into one large
education credit used only to reduce school tax burdens. Early
in the session it became clear that the governor's proposal was
not acceptable to the Legislature. Nevertheless, large LGA
funding cuts were under active consideration due to the sizeable
budget shortfall and the pressure to provide property tax relief
for small businesses. At one point, lawmakers were discussing
across-the-board cuts of 10 to 20 percent in LGA. Ultimately the
House version of the tax bill called for a $15 million cut in LGA
over the biennium, while the Senate bill recommended a $35
million increase in 1988 LGA, an increase that would have come
from a substantially revised LGA formula.
Along with tightened levy limits, the freezing of LGA will make
city budgeting extremely difficult next year as well as in future.
years. This LGA freeze combined with the elimination of federal
general revenue sharing and cuts in other federal aid programs
por'tend greatly lessened roles to be played by both the federal
and state governments in providing property tax relief to cities.
Levy Limits
In payable 1988, all cities (including small cities) will be
subject to a tightened three percent levy limit. The state will
determine ~he payable 1988 levy limit will be determined as
follows:
1) the levy limit base is equal to the city's payable 1987
levy (excluding amounts levied for debt service and unfunded'
accrued pension liabilities) plus 1987 LGA, taconite aid, and
wetlands/native prairie reimbursements;
26 "
the percentage orowth in population or number of households,
whichever is greater, for the most recent 12-month period (if no
population growth or a population decline is experienced, the
levy limit base determined in step 1 remains the same);
3) the amount resulting from steps 1 and 2 is multiplied by
103 percent;
4) the amount determined in step 3 is reduced by the amount
of LGA, taconite aid, and wetlands/native prairie reimbursements
certified to be received in 1988;
5) step 4 yields the 1988 levy limit except that amounts
levied for debt service, unfunded accrued pension liabilities,
income maintenance and social service programs are exempt from
this levy limit.
For payable 1988 only, a city may appeal to the commissioner of
revenue for an adjustment in its levy limit base if the city "can
provide evidence satisfactory to the commissioner that its levy
for taxes payable in 1987 had been reduced because it had made
expenditures from reserve funds, or for any other reason, or that
it is necessary to levy additional amounts for taxes payable in
1988 which were not levied in 1987." According to statements
made by House Tax Committee Chair Gordon Voss, legislators meant
this to be a "very liberal" appeal provision. It will be up to
the revenue department, however, to interpret and administer the
appeals process. The League hopes to work with the revenue
department and members of the Legislature to assure that the
legislative intent of this provision is carried out.
For payable 1989 and beyond, the levy limit law generally reverts
to the levy limit language that was in effect for payable 1987,
with two exceptions: the inflation (implicit price deflator)
factor will be capped at three percent, instead of five percent
as under prior law, and small cities with populations under 5,000
would be permanently brought under levy limits. The levy limit
base used in determining the payable 1989 levy limit will be
equal to the base determined for payable 1988.
Despite legislators' assurances that tighter levy limits would be
only temporarily imposed for.'one year, the new tax law actually
imposes additional levy limit restrictions in future years as
well. The impetus for tighter limits came from legislators'
fears that local property tax levels will increase dramatically
next year, a result of changes in the school aid formula, the
loss of federal assistance (particularly general revenue
sharing.), and the limits the state placed on state aid through
the LGA and homestead credit programs.
Arbitrary and restrictive levy limits are likely to force cities
to issue more debt. State Auditor Arne Carlson criticized levy
limits in March testimony before the House Property Tax Division
-~~ ~~e~=~ this reason. Carlson warned that ci~e~ ~re
aizeady overextended in debt, a result of levy limits. He ar?ued
for eliminating levy limits Decause he believes cities are
generally accountable for their spending. Carlson stated, "City
councils are very careful...neither the state nor cities are
prone to waste. Local systems can account for themselves."
Small Business Transition Credit
For 1988 only, commercial-industrial property will be eligible to
receive a state-paid property tax credit if the 1988 property
taxes on the first $120,000 of market value of the property
exceed three percent. The credit will be equal to 50 percent of
the tax attributable to the first $120,000 of market value that
is in excess of three percent. Only one commercial-industrial.
· parcel per owner per coqnty will qualify for this credit. The
credit will be. the first credit deducted from gross tax, before
the deduction of any other property tax credit. This small
business credit will provide small businesses with an estimated
$25.5 million of property tax relief in 1988.
The pressure for this small business tax credit came largely from
communities in Greater Minnesota where rapidly declining
agricultural land values have shifted property tax burdens to
commercial-industrial property in cities. Advocates for the
credit stressed that rising commercial-industrial tax burdens
have impeded economic development and growth in Greater
Minnesota.
This credit is called a transition credit since beginning in 1989
the split classification threshold for commerical-industrial
property will increase from $60,000 to $80,000. This means that
more value for smaller commercial-industrial properties will be
assessed at the lower assessment ratio.
Homestead Classification Change for 1988
For payable 1988, residential homestead classification ratios
change to 17 percent of the first $68,000 of market value and 27
percent of the excess over $68,000. In payable 1987, these
ratios were 18 percent of the first $66,000 of market value and
28 percent of the market value in excess of $66,000. For 1988,
the homestead credit will remain at 54 percent up to a maximum
credit of $700.
The classification ratios also will change accordingly on
non-agricultural homestead property owned by the blind, disabled,
and paraplegic veterans and manufactured homes which are
homesteaded. No change is made in the 1988 ratios for
agricultural homesteads.
m~,,-~,, !nco~e M~ntenance Disparity Aid
Beginning in 1988, counties will be eligible to receive $12 to
$15 million in "income maintenance disparity aid" designed to
offset some of the costs counties bear for three programs:
general assistance (GA), general assistance medical care (GAMC),
and work readiness. If the county share of the costs for those
-three income maintenance programs exceeds the value of one-half
equalized mill, the county is eligible to receive aid. The aid
will be the lesser of: 1) the cost in excess of one-half mill
times the adjusted assessed value; or 2) 95 percent of the
unreimbursed local share of income maintenance costs for the
previous fiscal year.
Effects on Cities of 1988 Property Tax Chan~es
The combined effects on ~roups of cities and selected cities of
all the 1988 property tax changes, including the homestead
classification change in 1988, the small business transition
credit, the LGA freeze and three percent levy limit are reflected
in Table 1. The data in the table was provided by a simulation
prepared by the House Research Department. In revieWing the
effects of the changes on groups of cities (i.e., "Northwest
cities"), it is important to stress that the experience of
individual cities will differ from these averages.
RES IONS
Northwest Cities
Northcer, tral Cities
Northeast Cities
'Taconite Cities
Southwest Cities
Central MN Cities
Southeast Cites
Metro suburbs:'*
1'717
Metro
North
West
South
East
N6n-Met re,
TABLE 1
Comparison of Current Law
to
Final Tax Bill
Projections for Payable 1988 Taxes
$61,000 Home
New Net % Tax $ Tax
Tax Change Char, ge
$701 8.4% $54
$587 1.4% $6
$1189 0.5% $6
$590 -0.7% $-4
$776 27.3% $166
$549 ~.7% $5
$667 9.1% $56
$544 0.0% SO
$524 3.8% $19
$558 -2.2% $-1~
$557 1.7%
$554 1.5%
6572 6.~%
C/I Under C/I Ove~
$60,000 $60,000
% Change in % Change in
Net Ta~ Burden Net Tax Burden
-9.5% 0.9%
-8.7% 1.~%
-2Z. 9% -1.6%'
-~0.9% -4.9%
-7.9% 1.4%
-9.4% 4.3%
-10.1% 6.7%
-9.3%
-7.0% 13.8%
-11.6% 6.8%
-9.5%. 4.9%
-10.0% 8.1%
-9.4% 3.4%
TABLE I (continued)
SELECTED CITIES
I
Net % Tax ~ Tax
%ax Change Change
Rlbert Lea $742 17:?~ ........ $11~
Rppletor, $1187 ~7.6~ $~57
~ustin. $819 18.3% $126
Blaine $545 1.5% $8
Bloomington $531 6.5% $33
Brooklyn Park $574 0.6% $4
Burnsville $557 -4.6% $-7
Columbia Heights $529 -2.3% $-12
Coon Rapids $525 -2.6% $-14
Cottage Grove $582 0.6%
Crystal $560 1.3% $7
Duluth. $1266 1.7% $22
Eagan $510 -2.7% $-14
Eden Prairie .. $588 7.1% $29
Edina $459 2.4% $10
Faribault $699 -2.1% $-15
Hibbing $647 -4.0% $-27
Hopkins $516 3.6% $17
International Falls $1~9 -1.5% $-I9
:river Grove Hts $535 -5.0% $-~8
,nkato $656 -0.9% $-6
Maple Grove $557 0.5% $3
Maplewood $585 3.0% $17
Minneapolis $572 1.6% $9
Minnetonka $532 4.0% $20
Moorhead $708 8.5% $56
New Hope $548 1.3% $8
Ne~ Prague (LeSueur) $890 3.9% $33
New Prague (Scott) $882 ~.4% $21
Northfield $720 -2.1% $-15
Owatonna $631 -4.9% $-33
Plymouth $5~9 4.4% $23
Robbir, sdale $585 1.5% $9
Rochester " $658 1~.3% $72
Roseville $567 ~.~% $15
St Cloud (Stearns) $645 11.8% $68
St. Louis Park $547 0.6%
St. Paul. $667 5.3% $33
Sbakopee $598 ~.2% $13
Shoreview $542 0.9% $5
South St. Paul $585 -8.2% $-52
White Bear Lake $568 1.0% $5
Willmar $556 5.8% $31
Winc. na $766 11.2% $77
~oodbury $545 0.9% $5
$60.000
Net Tax Burden
-9.1%
-9.3~
-1~.8%
-8.0%
-4.6%
-11.2%
-13.8%
-11.2%
-10.7%
-12.4%
-9.5%
-23.7%
-9.1%
-8.1%
-3.4%
-i4.8~
-~4.6%
-5.1%
-24.3%
-12.0%
-15.0%
-9.6%
-10.3%
-10.3%
-6.9%
-1.1%
-9.2%
-14.3%
-19.2%
-15.2%
-11.0%
-6.4%
-10.6%
-5.7%
-10.~%
-8.3%
-9.8%
-12.7%
-12.1%
-9.7%
-15.8%
-10.6%
-5.1%
-12.1%
-9.7%
Metro suburbs:
North - Anoka County end northern Hennepir, County
West - Remainder of Hennepin County (exmluding Minneapolis)
South ~ Carver, Dakota, and Scott Counties
East L Washington and Ramsey Counties (excluding St. Paul)
29
C/I Ove~
$60,000
~ Chan.oe i~
Net ~ax Burden
7.2%
1.~
6.0%
9.9%
16.0%
10.3%
7.1%
4.5%
4.8%
4.7%
10.9%
9.3%
15.2%
1~.5%
-1.1%
-8.~%
13.6%
-0.9%
'7.5%
-0.7%
10.3%
5.2%
4.3%.
13.9%
4.9%
11.1%
-1.1%
-0.9%
-0.8%
3.6%
14. t.%
10.9%
14.7%
5.5%
7.8%
10.9%
5. O%
4.1%
4.4%
3.5%
5.6%
4.0%
5.7%
/?/$
30
Table 2 is also based on a House Research simulat/oD. It
estimates statewide, metro and non-metro changes in levies and
net tax burdens for next year.
T~BLE R
Comparison of Current Law
to : :
Final Tax Bill
Changes in Levies and Net Tax Burdens
STATEWIDE METRO
Millions % Millions
of $ Change of $ Change
LEVIES
Total $92.9 3.1% $79.2 4.7%
County $16.7 1.9% $5.1 1.1%
City/Town $21.4 3.6% $9.7 2.8%
School $49.0 3.4% $59.2 7.3%
NON-METRO
Millions ~
of $ Change
$13.7 1.1%
$11.7
$11.7 4.6%
$-I0. R -1.6%
NET TAX BURDENS
Total $130.5 5.1% $118.3 7.4%
Res Hmstd $39.1 5.4% $36.2 6.9%
C/I under 60K $-7.8 -9.6% $-2.9 -10.0%
C/I over 60K $55.4 7.1% $49.9 8.1%
$12. I 1.3%
$3.0 1.5%
$-4.9 -9.4%
$5.5 3.4%
Source: Minnesota House Research Department, Simulation SCS, 5/17/87
31
Defying the predictions of veteran observers of the legislative
process, the 1987 Legislature took significant steps toward
property tax reform. While waiting until the final two weeks of
the session to unveil property classification changes and major
reforms in the homestead credit program, the Legislature
'ultimately adopted changes that could have long-lasting effects
on the state's property tax system.
Implementation of most of the property tax reform items, however,
won't take place until 1989, allowing the Legislature one more
year to fine tune or consider alternatives to the new reforms
before they become effective. The Legislture will set up a
legislative tax study commission to study the need for further
changes in the property tax structure. The commission will al~o
examine the revenue needs and resources of the state and local
governments. The commission, funded at a $300,000 appropriation
level for t~e next two years, will consist of 14 legislative
members, seven from the House and seven from the Senate. The
first chair of the commission will be the chairman of'the House
Taxes Committee, Rep. Gordon Voss; thereafter the chairmanship
will alternate between the Senate and House tax committee chairs.
Classification changes
Beginning in 1989, the current property tax classes will be
condensed into five main classes, with a number of subclasses.
The current classification ratios will increase in roughly a
uniform manner, inflated by approximately 45 percent. According
to House Research estimates, assessed values will increase by
approximately 125 percent and mill rates will decrease
accordingly. Table 3 provides a comparison of current and new
property tax classes.
The new law attempts to adjust for the loss or gain in each
taxing jurisdiction's property value due to the classification
changes. This adjustment would be made by providing a special
"tax base adjustment aid" to each jurisdiction. This provision
could result in an increase or decrease in other aids (homestead
credit, LGA) depending on the effect of the classification
changes on each jurisdiction.. The moneys for this aid are
generated by the far less preferential property tax treatment
given utility property under the classification changes. Since
utility companies may lobby hard next year against this adverse
treatment, this tax base adjustment aid could be in doubt.
The formula for computing this tax base adjustment aid for
calendar year 1989 is as follows: Each jurisdiction's tax b~se
for payable 1988 is compared with what its property tax base for
!988 would have been if the new classification ratios (scaled
back by 45 percent) had been in effect in 1988. If the
jurisdiction's tax base would have been lower under the new
32
ratlos, it receives 8Jd equal to the ta~ b~se difference
multiplied by the jurisdiction's payable 1988 mill rate. If the
jurisdiction's tax base would have been higher under the new
ratios, it is forced to lose aid determined in a similar manner.
For 1990 and subsequent years, each taxing jurisdiction will gain
or lose the same amount as was calculated for 1989.
TABLE 3. PROPERTY CLASSIFICATION RATIOS
NEW CLASSIFICATIONS:
CURRENT CLASSIFICATIONS:
FOR TAXES PAYABLE IN 1988 ONLY:
Residential Homestead*
up to $68,000 17%
over $68,000 27%
Residential Homestead
up to $66,000
over $66,000
18%
28%
FOR TAXES PAYABLE IN 1989 AND THEREAFTER:
#1: Residential Homestead * Residential Homesteads
up to $68,000 37% up to $66,000
over $68,000 60% over $66,000
18%
28%
#2: Farm Property
Homesteads
up to $66,000
over $66,000
Non-Homestead
Farm Property
Homesteads
30% up to $64,000
40% over $64,000
40%
Farm non-homestead
& Timber
14%'
18%
18%
%3: Commercial/Industrial
up to $80,000
over $80,000
60%
96%
Commercial/Industrial
up to $60,000
over $60,000
28%
43%
% 4: Rental Property
(a) Four or more
units
(b) Three or fewer
units
(c) Seasonal/Subsidized
rental
172/
70%
60%
50%
Apartments
Four or more units
units
34%
Aparltments
3 or less 28%
Farm non-homestead-house 28%
Misc. manufactured housing 28%
Fraternal society property 28%
Seasonal Recreational 21%
Section 8 buildings 20%
Title II/MHFA housing 20%
Neighborhood real estate 20%
trusts
Type 1 and 2 apartments
land 34%
buildings 25%
33'
(d) small Seasonal/
Subsidized rental
30%
Small homestead resorts 12%
FMHA buildings 10%
#5: Ail other property
96%
Vacant land
Utility personal property
Unmined iron ore
Low recovery iron ore
Ail other property
4O%
33.3%
50%
30-48.5%
43%
Class lb property ratios changed to 17% on first $34,000 and
28% on the remainder for payable 1988, and eliminated for 1989
and beyond.
Homestead Credit Re~laced by Aid Program in 1989
Beginning in payable 1989, the new law eliminates'homestead and
agricultural credits and replaces them with property value
exemptions for property owners and "replacement aids" for local
taxing jurisdictions.
For the property owner, a certain amount of property value will
be exempt from the property tax. For non-agricultural
homesteads, the exemption equals 52 percent (rather than 54
percent as under current law) of the assessed value on the first
$68,000 of market value. For agricultural homesteads, the
exemption equals 36 percent of the assessed value of the first
320 acres of property (excluding the house, garage, and one
acre), and 26 percent on the acreage over 320. For non-homestead
agricultural property (including timberland), the exemption
equals 26 percent of assessed value. For seasonal recreational
property, the exemption is 15 percent of assessed value on the
first $31,000 of market value.
Each taxing jurisdiction's mill rate will be determined excluding
the assessed value exemptions described above. That mill rate
multiplied by the assessed value of the prope£ty (less the
exemption amount) will yield the net tax on the property. For
non-agricultural homesteads, a homestead credit amount will be
shown on the property tax statement; that amount will equal the
mill rate multiplied by the exempted value. With no homestead
credit maximum, this provision is considered to greatly benefit
taxpayers l'iving in high mill rate areas. For agricultural
homestead property, a homestead credit will be computed as under
current law, with the net tax reduced by 52 percent, up to a
maximum of $700. For the agricultural homestead credit, all
taxing jurisdictions will be reimbursed for this credit.
For the local unit of government, the state will provide
"homestead and agricultural credit replacement aids." The
homestead credit replacement aid payable in calendar 1989 will be
/ 722.
34
~- ---.,=~ b= calc~=~,,.~ ,,,~t each taxin9 3~saactxon would
homestead credit percentage had been 52 percent (rather than 54
percent as under current law) and if the $700 homestead credit
maximum had been eliminated. Again, high mill rate areas are
likely to benefit from this provision. In calendar 1990 and
subsequent years, each city's homestead credit replacement aid
payment would be adjusted by only two factors: 1) the change
(either increase or decrease) in the proportion of homestead
assessed values relative to the assessed values of all property
in the city; and 2) increases or decreases in the implicit price
deflator. In other words, the homestead credit replacement aid
will be adjusted only for changes in inflation or changes in the
proportion that homestead property values represent total
property values in the city. Increases in mill rates will not
yield higher homestead credit reimbursements as they generall~
would under current law,
The agricultural credit replacement aid will be computed and
adjusted in a similar manner.
The clear intention of this'restructured credit program is to
sever the link between changes in local jurisdictions' taxing
levels and homestead credit reimbursements. This restructured.
homestead credit will provide the state with a mechanism to
control state expenditures for the homestead credit program
since, in the future, homestead credit replacement aids to cities
will be largely limited to increases in inflation and will not
automatically be influenced by local mill rates. Furthermore,
should the state experience future budget difficulties, this
replacement aid could be easily reduced, making cities more
vulnerable to state budget problems and cuts in property tax
relief funding than they are under the current homestead credit
financing program.
Property Tax Refund
The' property tax refund claims to both renters and homeowners
during calendar year 1987 will decrease by 33 percent. For 1988,
the appropriation for property tax refunds is limited to $125
million; if a larger amount.is estimated to be paid out, then the
commissioner of revenue must reduce all refunds paid by an equal
percentage to remain within the appropriation limit.
For 1988, the state will adopt the new federal definitions of
adjusted gr'oss income. New property tax refund schedules will be
established for persons age 65+, disabled, or with dependents:
The maximum refund decreases from $1125 to $1100. The percentage
of income that the property tax must exceed increases from a
range of 1 to 2.4 percent to a range of 1 to 2.5 percent. The
claimant coinsurance payment increases and the maximum income
limit decreases from $40,000 to $35,000. For all other
claimants: The income thresholds increase from a range of 1 to
17 ,5
35
household in&Sme, whil,___ th~ coinsurance. ,, ~-,,~ ~o~,~__.~ ~
maximum refunds are the same as provided for claimants aged 65+,
disabled, or with dependents.
.Property Tax Administration
For payable 1989, the meeting dates for local, county, and state
boards of equalization generally advance by 30 to 45 days. The
new dates for the local 'board of equalization will be between
April 1 and May 31. (Current law is between April 1 and June
30.) Local assessment records are to be completed and
transmitted to the county assessor by March 15. (Current law
deadline is May 1.) County board of equalization dates are
similarly advanced to the last two weeks of June (currently th~
last two weeks of July).J The commissioner of revenue may extend
the time tqoJuly 15. The county assessor must annually file with
the commissioner an assessment abstract (i.e., the mini-abstract)
by June 15. Any local board of equalization changes need to be
incorporated in that abstract. The final abstract of assessment
of real and personal property must go to the commissioner
annually by November 15. (Current law is January 1.)
Any state board orders to equalize levies must go to the county
auditor and the affected taxing districts by October 1. (Current
law is November 15.) The state board equalizes levies in taxing
districts which are located in more than one county if it
determines that assessment levels in the various county portions
exceed a certain threshold and criteria.
The commissioner of revenue may extend the levy certification
date for taxing districts by up to 15 calendar days beyond the
October 10 deadline set in current 1-aw. To allow additional time
in the first year to implement the board of equalization date
changes, for 1988 only, the commissioner may extend this date to
November 7 if necessary.
Ail' county assessors and senior appraisers in the department of
revenue's property tax review division (including regional
representatives) must have senior accreditation from the state
board of assessors by January 1, 1989. The law clarifies the
power and duties of the county assessor to direct the county
assessor to regularly confer with assessors in adjacent counties
concerning the assessment of property (particularly agricultural
and commercial/industrial) in order to uniformly assess and
equalize the value of properties. The law maintains the power of
the local board to review, and the right for local assessors to
assess, commercial/industrial property.
The new tax law clarifies that property tax distributions,
"estimated collections", made by the county treasurer to local
jurisdictions must include taxes, special assessments, and any
penalties and interest due to the taxing jurisdiction. The
36
treasurer or fiscal officer of ~nv ,=~n~ ~,~, m=~, =~n==l
the county board the determination of the amount of the county
treasurer's estimated collection if the local official feels the
amount is incorrect.
The act transfers the functions of Equalization Aid Review
Committee (EARC) to the commissioner of revenue. The
commissioner will thus perform the function of reviewing the
assessed valuation of property in each school district based upon'
sales ratio analyses. The equalized values which result from the
Minnesota Department of Revenue's study are to be used in
determining state school aid for each school district. The
department must file a report on this equalization function
annually with the House and Senate Tax Committees on March 15 and
the final report with the Department of Education and each county
auditor by June 15. In addition, the law abolishes the gross
rent capitalization factor used in d~termining the equalized
value for agricultural lands for school aid purposes.
Miscellaneous Property Tax Changes
The act abolishes the~wetlands and native prairie property tax
credits effective for payable 1989.
Income limits become a criteria for leasehold cooperatives to
qualify for homestead treatment.
Electric power distribution lines that are used primarily for
supplying electricity to farmers are exempt from property
taxation.
For any governmental subdivision for which a law or charter
provides a maximum tax ~ate ~expressed in mills., the rate of
property taxation, salary limits, or aid formulas are to be
adjusted by multiplying the mill rate in effect for payable 1988
by 45 percent. This is necessary to adjust for the new
classification ratios in effect for 1989.
The law expands the disaster credit for homestead property to
include non-homestead property.
Tax Exempt Property
The House Tax Committee considered propOsals to repeal the
property tax exemption on a variety of currently exempt property.
The resulting compromise with the Senate bill, makes minor
changes to the tax exempt definition. Municipally owned airport
property is now taxable to the extent that it is leased by
for-profit entities. In addition, property that a tax exempt
entity owns and leases to a non-exempt person or organizatioh is
only exempt from taxation for the first year of the lease. These
changes are effective for taxes payable 1988.
37
The iinal D~lk did noU Znclude proposals uo elZminaue une
exemption for'oCher types of city-owned p[ope~tp (m~nicipai
auditoriums and stadiums) and the imposition of a service charge
for all tax exempt properties within a city, in lieu of property
taxes.
Sales Tax
The motor vehicle excise tax now applies to all purchases of
motor vehicles made by the state and its political subdivisions
for retail sales after May 31, 1987. However, the excise tax
will not apply to sales made under written contracts that were
enforceable before June 1, 1987 and will be delivered on or
before December 31, 1987. This six percent tax applies to all
motor vehicles purchased by the state government, cities, ~
counties, and school dis%ricts. Motor vehicles include every
self-propel~ed vehicle not operated exclusively upon railroad
tracks and any vehicle propelled or drawn by a self-propelled
vehicle, or any device in, upon, or by which any person or
property may be transported or drawn upon a public highway.
According to revenue department estimates, loss of this exemption
will cost cities about $4 million per year.
Although both houses of the Legislature considered extending the
general sales tax to all local government purchases, they
received a great deal of input from city officials explaining
that the extension of this tax was not good public policy (one
unit of government taxing another) and that it would translate
into higher property taxes or service reductions. The sales tax,
however, does apply to purchases by state agencies.
The Legislature extended sales tax to a variety of services,
including parking services, admissions to recreational areas, dry
cleaning and laundry services, lawn and garden services, meals in
hospital and nursing home cafeterias (for non-residents),
building cleaning and maintenance, security services, and others.
Cities~may have to collect the sales tax for certain services
they provide, particularly parking services (whether contraCtual,
hourly, or on a periodic basis) and admissions to recreational
areas.
Budget Reserve
The budget reserve and cash flow account will receive a $250
million appropriation for the 1988-89 biennium. The law extends
the authority of the commissioner of finance to reduce allotment
to all appropriations and expenditures regardless of whether
prior law exempted them from unallotment.
The act eliminates existing priorities for using budget
surpluses. Under present law, such moneys are dedicated to
paying .a refund of occupation taxes to Reserve Mining Company,
38
........... ~ nd ~educin9 the
school aids settlement payment percentage. Under new pricrities,
surplus revenues will be allocated first to reduce the school
levy recognition shift to 24 percent. Amounts in excess are
allocated one-half to increase the budget reserve account (up to
$550 million) and one-half to the Greater Minnesota Fund (up to
$120 million).
The commissioner of finance must prepare a forecast in November
1988. If this forecast shows that the budget reserve will be
below $150 million at the end of the biennium, then the
individual income tax rates will increase by 0.25 of a percentage
point and the corporate rate by 0.4 of a percentage point. If
the estimate indicates the reserve account will be below $50
million, the individual income tax rates will increase by 0.5 of
a percentage point and the corporate.rates by 0.8 of a percentage
point. Once i~plemented, these rates are permanent.
Insurance Taxes
The two percent gross premiums tax now includes domestic mutual
companies, township and farmers' mutual companies, the workers'
compensation reinsurance association and the comprehensive health
association. The governor's tax plan proposed extending the
gross premiums tax to the health insurance coverage of
self-insureds ('e.g. the League's LMCIT) as well as to non-profit
insurers (the Blues and HMOs).
Both the House and the Senate considered this extension, but were
convinced to remove those provisions before completing their
final bills. The extension of this gross premiums tax as
originally proposed by the governor would have cost cities
approximately $1 million per.year in added insurance costs.
Gros~ Earnings Taxes
The'phase-out of the telephone gross earnings tax that was to
begin this year is delayed until 1989, with a total repeal of the
tax in 1992. This, therefore, also delays the time at which
telephone companies will be subject to property taxes until
assessment year 1989/payable 1990.
Deed Tax
The law repeals exemption from the deed tax for state agencies
and political subdivisions. The tax rate will increase to $1.65
for each $500 of value. Unlike current law, cities will need. to
pay this tax whenever lands are granted, assigned, transferred,
or otherwise conveyed by deed. This tax takes effect on
transfers by deed after May 31, 1987.
L-c~- Gar..blir~ Tax
A city or county may impose a local gambling tax on each licensed
organization if the tax proceeds are necessary to cover the costs
of regulation of gambling. The tax may not exceed three percent
of an organization's gross receipts minus prize costs. This tax
is in lieu of all other local taxes and local investigation fees
on lawful gambling. Local governments must report tax revenue
collections and the uses of the proceeds in annual reports (by
March 15 of each year).
Tobacco, Liquor, and Miscellaneous Taxes
The cigarette tax will increase from 23 to 38 cents per pack of.
20 cigarettes. ~
The excise 'taxes on distilled spirits, wine, and beer will
increase 13 to 17 percent.
The 17-cent per gallon gasoline and special fuels tax will also
apply to railroads and barge use.
Minerals
The act imposes a net proceeds tax on the mining of most ores and
minerals effective after December 31, 1986. Five percent of the
proceeds from this tax will be distributed to the city or town
where the mineral or energy is extracted. This revenue must be
subtracted from the levy limit base to determine the local
governments' property tax levy limitations.